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PHILADELPHIA 



FRIDAY....MARCU 17, 1815. 



AN EXPOSITION 

OF TUB 

CAUSES AJ'flJ CHJIRACTER OF THE LATE 
WAR WITH GREAT JiR ITALY. 

The extravagant pretensions of the British 
commissioners at Ghent, their assertion of a rij^ht 
to interfere with the territorial dominion estab- 
lished at the peace of 1783 — their attempt to as- 
sert that the Indians residing on our soil were 
entitled to form alliances, and be treated as a 
civilized people, under the laws of civil society 
to which the Indian tribes are strangers — the at- 
tempt to cut off a section of our territory, under 
the pretext of a road bet\/ecn Canada and No- 
va Scotia, for which there would be bo need in 
peace, and which would afford them an inroad 
upon us during war — their occupancy of part of. 
Massachusetts unmolested by the state authority 
—their known designs on Orleans: all these and] 
other facts known to the government of the U. I 
States, left little prospect of a peace in the early j 
part of the present year; it is believed that the 
government was apprized in the close of the last 
ytar, that peace could have been accomplished in 
August 1814, were it not for the encouragement 
which the British goveroment received from 
three of the Eastern stales to persevere in. the 
war. — In these views, the executive had deter- 



mined to make a full and final appeal io the 
American people^ and by presenting at one view 
to the country tlie causes and piogress of the 
war, shew the nece>;sity of such mighty and effi- 
cient j)reparations for the campaign of t'liis year, 
as would assure its successful and triumpliant 
termination hy the certain expulsion of the ene- 
i>y from all his possessions on this continent. 
The measure proposed by the secretary of war 
for raising 100.000 men. was part of this plan of 
vigorous measures; and a Declaration or Expo- 
sition was prepared to go to the public ; this able 
paper was ready for publication, when thi; advices 
of a peace beingconcluded were received — a copy 
of it has accidentally fallen into our hands, and 
we tl'.ink we can do no better service than give 
it to the public, as the best means of repelling the 
ribaldry issued by those whose chagrin is excited 
to the greatest extravagance by the successful 
and glorious termination of the war. 
AN EXPOSITION, &c. 

'^^'hatever may be the termination of the nc- 
gocia<i<»nti at Gli*»nt, thp flispatches of the Ame- 
rican commissioners, which have been communi- 
cated by the preijdent of the United States to 
the congreFS. during the present session, will dis- 
tinctly unfold, to tiie impartial of all nations, 
the objects and dispositions of the parties to the 
present war. 

The United States, relieved by the general pa- 
cification of tlie treaty of Paris, l"rom the danger 
of actual sutteraiice. under the evils which had 
compelled them to resort to arms, have avowed 
their readincfS to resume the relations of peace 
and a'uitv with Great Biitain, upon the simple 
and single condition of ])reser\ing their territo- 
ry and their sovereignty, entire and unimpaired, 
'i'lieir desire of pence, indeed, "upon tenuis of 
reciprocity, consis'-'ut \\it!i the ri},'hts of both 
"parties, as sovereign and independent nations,'"* 
has rn>t, atuny time, been imluencfd by the pro- 
vocations t»r an unprecedented course of hostili- 
ties; by the incitements of a succcsstul cam- 
paign ; or by the agitations which have seemed 
again to threaten the tranijuillitj-of Europe. 



j But the British goveniPient, after " a iliscus-! 
slon with the !;uvftnn:cnt of America, for t'e 
conciliatory adjustment of the differences sub- 
sjstin;^ between the two state'*, witli an earnest 
desire, on their part (as it was allegf^d) to bring 
tl; -m to a favwrable issue, upon principles of a 
.perfect reciprocity, not inconsistent with the es- 
'tablished maxims of public law, and with the ma- 
ritime rights of the British empire;"! and after 
*^ expressly disclaiming any intention to acquire 
an iiicioase of territory,"^ have perenipt.nily de- 
^landed, as the price of peace, concessions cal- 
culated merely for their own ag>;randizement, 
and for the humiliation of their adversary. At 
one time, they proposed, as their siu<? qua non, a 
stipuhitioii, that the Indians, inhabiting the coun- 
try of t'e Ufiitcd States, within the limits esta- 
blished by the treaty of 1783, should be inclu- 
ded as^he allies of Great Britain (a party to that 
treaty) in the projected pacification; and that de- 
finite boundaries should be settled for the Indian 
territory, upon a basis, which would have opera- 
ted to surrender, to a number of Indians, not. pro- 
bably, exceeding a few thousands, the rights of 
sovereignty, as well as of soil, over nearly one-' 
third of the territorial dominions of the United 
States, inhabited by more than one hundred 
thousand ofits citizens.il And, more recently, 
.(wit'hJi;awing, in effect, that proposition) thev 
liave offered to treat on the basis of the uil possi- 
detis; when, by the operations of the war, thev 
had obtained the military possession of an iu)por- 
tant part of the state of Massachusetts, which, it 
was known, could never be the subject of a ces- 
sion, consistently with the honor and faith of the 



* See Mr. Monroe's letter to lord Castlereagh, dated Jarm 

t See lord Castlereagh's letter, to Mr. Momoi-, dated tl>c 
iA of November, IS 13. 

i See tlieAinfricnii dispatch, dated the 12ihof August, I 8l4 
(I See the American dispatches, dated the 12th and 19ih o 
August, 1814; tlic note ..( the British commissioners, dated 
the 19ih ol Au-ust, I8U: (he note of the American commissi, 
oneis, dated the 21st ..f August, 1814 ; the note of the Bc.tish 
commiSS'oners, dated th«.4th ofSeptenjber, 18i4; the note oi 
the American commi<isioiiers o(>he 9lh of Sept 18 4; th. note 
of the British cnmmissioneiSjda'edlhc 19th of Sept. isi4; ihc 
note ot the A mr -lean commissioners, dated the '-Olh of .iepi 
1814; tiienoteof the British commissioners, dated the 8th oi 
Oct. 1814; snd the note c5f the American oomraissionera, of 
OielSttiofOct.lSU, 

i 



4^ 



Aralftrican government.* Thug, it is obviou3,tlia^^ 
Great Eriiain, neither regarding " the principles 
of a porlect reciniocit , ," uoi {iie rii.-.- •.>; 

own practice and professiltns, has indulged pre 
tCNsions, which could oidv be heard, in order to 
he rejected. '-The alternative, either vindictivelj 
to protract the war, or honorably to end it, has 
been fairly given to her option ; but she want,- 
the magnanimity to decide, while her apprehen- 
sions are tiwakened, for the result of the congress 
at Vienna, and her hopes are flattered, by the 
schemes of conquest in America. 

'Ihere are periods in the transactions of every 
country, as well as in the life of every individual, 
when self-examination becomes a duty of the 
highest moral obligatioa ; when the government of 
a free people, driven from the path of peace, and 

baffled in every effbft to regala jt, rmty rc^nri, for 

consolation, tu tlie conscious rectitude of its mea- 
sures ; and when an appeal i"> mankind, founded 
upon truth and justice, cannot fail to engage th(»se 
sympathies, by wliich even nations are led to parti- 
cipate in the fame and fortunes of each other, — 
The United States, under these impressions, 
ere neithei- insensible to the advantages, nor to 
the duties, of their peculiar situation. They 
have but recently, as it were, established tlieir 
indepen»lence ; and the volume of their national 
history lies open, at a glance, to every eye. The 
policy of their government, therefore, whatever 
it has been, in their foreign, as well as in their 
domestic relation.-, it is impossible to conceal ; 
and it must be diificult to misfake. If the as- 
sertion, that it has been a poliry to preserve 
peace and amity with all the nations of the world,! 
be d(mbted, the proofs are at hand. If the as- 
sertion, that it !ias been a policy t(» maintain the 
rights of the United States, bu', at the same 
time, to respect the rights of everj other nation,; 
be doubted, the pioofs will be exIiiUted, If thej 
assei tion, that it has been a policy io act irapar- 
tialiy towards the belligtM-ent powers of Europe, 
he doubted, the proofs will be found on record, 
even in the archives of England and of France. 
And if, ia fine, the assertion, tliat it Kas been a! 
policy, hv all honorable means, to cultivate with! 
Great IJritian, those sentiments of mutual good! 



• ~cr thenole of the Brtish CO Miiiiss Muis d^iti.d tlic iil«jt 
■(rt^(.)ci. 18i4; ihc iiou^ of tb ■ \n)cncnn commis^ioturs, daied 
i|if '2H\x 'ii Oct 1SI-; ; a (J the aaV: or the Bri.ishcoiumissiun 
( rs, ilatcil thi-3l8i I Oci IS14-. 



*^ 



< 



will, which naturally 4,elon;r to nations connect- 
ed by. the ties of a common ancestry, an identity 
ot language, and a similarity uV manners, be 
doubted, the proofs will be found in tliat patient 
forbearance, under the pressure of accumulatini; 
wrongs, which marks the period of almost thirty 
years, that elapsed betn-eeu the peace of 1783 
and the rupture of 1812, 

The United States had just recovered, under 
the auspices of their present constitution, from 
the debilitj whicli their revolutionary struggle' 
had produced, when the convulsive movements 
of France excited throughout tlie civilized world 
the mingled sensations of hope and ie;n —of ad- 
miratiou and alarm. The interest which those 
movements would, in themselves, have excited, 
was incalculably increased, however, as soon as 
Great Britain became a nartv to the first memo- 
rable coalition a,i;ainst franc.?, and assumed the 
character ofa belligerent power ; for, it was obvi- 
ous, that thedistance of the scene would noluno-er 
exenipt the United States from the influence, 
and the evils, of the European conflict. On the i 
one hand, their government was connected with' 
France, by treaties of alliance and commerce;' 
and the services which that nation had rendered! 
to the cause of American independence, had, 
made such impressions upon the public mind, as' 
|no virtuous statesman could rigidly condemn,! 
jand the most rigorous statesman would have! 
; sought in vain to efface. On the other hand, 
\ T^'J ?'"'^'''i"' leaving the treaty of 1783 unexe- 
Jcuted. forcibly retaioed the American posts upon 
the northern frontier; and, sli;^l)ting eve.r over- 
ture to place the diplomatic andcommercial rela- 
tions of the two countries, upon a fair and fiiend- 
Ij foundation,! seemed to contemplate the suc- 
cess of the American revolution, in a spirit of 
unextinguishable animosity. Her voice had in- 
deed, been heaid from Quebec and Montreal, in-i 
stigating the savages to war.:} Her invisible arm j 
was felt, in the defeats of general Harmerll and 
^ jgeneral St. Clair,iS and even the victorvof gene-! 
, I ral_"VVa_jrne1[ was achieved in the presence of a forti 
;. which sne had erected, far within the territorial 
boundaries of the United States, to stimulate 
and countenance the barbarities of the Indian! 



f S c Mr. \<t;iias' coiTcpoudence 
* See the S[.-ec.;cS()t" lord DorcLicstcr. 
II Oi. tlie tiatecs ot the Miami of the lake, on the £ln of 
)>tober, 1790 
§ At Fort Jtccovery, oq the4ih of November, 179'. 
1) On the Miami of the lakes, in August, 179+. 



warrior.** Yet, the American governmentj.nei - 
% thcr viclHing to popular feeling, nor acting'upon 

1 the impulse of national resentment, hastened to 

'iP adopt the policy of a strict and steady neutra- 

lity ; and soieninly announced that policy to 
the citizens at hoiut;, and to tb.e nations abroad, 
hv the proclamation of the 22d of April, 1793. 
~\Vha»ever may have been the tria i f its 
pride, and of ifs fortitude; whatever may have 
been the imputations upon its Hdelity and its ho- 
nor, it will be demonstiated in the sequel, that] 
the American government, throughout the Euro- 1 
pean contest, and amidst all the clianges of thej 
objects, and the parties, that have been involved I 
in that contest, have Infiexibly'adhered to the prin-j 
ciples which were thus, autlioritatively, establish- j 
eJ, to regulate the conduct of the Unil;ed States. 
It was reasonable to expect that a proclama- 
tion of neutrality, issned under the circumstan- 
ces which have been descrihed, would command 
the confidence and respect of Great Britain how- 
ever otlensive it might prove to France, as con- 
travening, essentially, the exposition which she 
was anxious to bestow on the treaties of com- 
merce and alliance. But experience has shown, 
that the confidence and respect of Great Britain 
are not to be acquired, by sivch acts of impar- 
tiality and independence. Under every adminis-j 
tiation of the American government, the expeii-| 
ment has been made, and the experiment has I 
been equa'.ty unsuccessful: for it was nut more 
'eflectually ascertained in the year 1813, than at I 
antecedent periods, that an exemption from the' 
liiaiitime usurpation, and the commercial mo- 
nopoly, of Great Britain, could only be obtained 
UDon the condition of becoming an associate, 
in her enmities and her wars. While the 
proclamation of neutrality was still in the view of 
the British minister, an oider of the 8th of June, 
1703, issued from the cabinet, by virtue of vvliicii, 
" all vessels loaded wholly, or in part, with corn, 
flour, or meal, bound to any port in France, or 
rS^ • any port occupied by the armies of France," 

*>" ff were required to be carried, foicihly, into Eng- 

land ; and the cargoes were either to be sold 



! •• Sec tlie ct)iTei|>oin1eiice buf.vccn Mr. Randolph, thej 
Anaricaii iecieUiry of ttate, and Mr. HammonJ, ihe BcilishJ 
plCQii'Oienliar^, dulcd MaJ sad (Jiuie, 1794. J 







m 



(hfere, or security was to he given, that tKevl 
should only be soldin tl,e ports%f a cLatry, in 

' ;".7.«r' r" ' '^"''^" ' ^ ■ ''je.ty.* The ';VKa 
^ I>on t),e vvl.oH. of the French people, was, a» 
tut time, properly estimated throuUout the ci- 
V,^ -!f^'^^f JO glaring aa tntVactW^n'f 
neutral rights, as the IJntish order vva3 calculat 
edo produce, did not escape the se'^ritiesof 
diplomat.c animadversion and remonstrance. 
Kut tins aggression was soon followed hy anot'.er 
of a more hostd. cast. In the war^of S. 
Great Bntain had endeavored to establish the 
ule, that neutral nations were not entitled to en- 
jjj the benefits cf a trade with the colonies of a 
belligerent p^we;, from which, in the season of 
^^:^^, ^ver.e.c udod by the parent state.- 

"s/t;::p;::-;--f^-tipu.ati^ 

f.o.yhec.L.^ce:r?d?.:^^;t^^^^^ 
c L If *T' ^^'^' *^'^ ordinances of a paKi! 

.'ovment n-? ''", ^'''\''^'' ^'' ^'^^ ^'^^'^^''v^ en- 
joyment of Its colonial commerce; still Gre-^t 
Bntain cannot be authorised to deduce he el 
fj "I'^r-^^'^^" implication, from such 

lufZ "i 'f"^' ^^'-Ji^'-^nces, while it is not tr e 
n or tU. '■;" ^'T'"' ^ ^'""-^ ^^^^^ Jaw of nati ns . 
nor that it has been adopted by any other -.o ■ ern" 
men ; nor that even GreLt Eritaiu herself C ml' 
^H;aly practised upon the rule; fnce t „ '• ' 
catnm was unknown iVom the v^JTlT^l^n 
the French war of 1792, inchidin. the e e 

tentatively, allowed, however, thafGrcit iT- 
a^ possessed the right, as well as tlL pc"^;^^ 
levive and enforce the rule- vp^ tu^ K- . 

the manner of exe..ci:ing^;^:^:,e^%;--' 
ford ample cause f.r re'proacll Ti.e r .enV 
of the United States had openlv en^^a^^ed in an 
We'siTnV'^'^^' "^''^ ''" Fre'nch'islands 1 "t : 
|oi tne luie of the war ot 1756, or unapnr^sed nl' 

TJlTZTtl'' ?V' ''''^ ^^^'^"' wl^tiie Vr- 
"ei oi the Otn Of Novemhpi- i-^t^n ., , 

-L^uvefnoei, 1/ i.'.j. wa^ silently 



• See the order in council of tl.f. f>,h „. r - ' '***—" 



»*?r» 



circulated amono; tlie IMtisli cruisers, consign- 1 
^^^ ing t(» legal ailjutlication, •' all vessels Itiadeii wit'u 
f^^^ -4MP goods, the jiioducc of any cuiuny of Fiance, or 

carrying provisions or supplies, for the use of any 
such colony. "t' A great portion of the com- 
merce of the United States was thus annihilated 
at a blow; the .unicahlc disp()>ition3 of the go- 
vernment were again disregarded and ccsntcmn- 
ed ; the sensibility of the nation was excited to 
a high degree of resentment, by the apparent 
treachery of the Hritisli orilor; and a recourse to 
reprisals, or to war, for indemnity and redress, 
seemed to be unavoidatile. But the love of jus- 
tice had established the law of neutrality; and 
the love of peace taught a lesson of forbearance. 
The American government, therefore, rising su- 
perior to the provocations and the passions of 
the day, instituted a special mission, to represent 
attlie court of London, tlie injuries and the in- 
dignities which it h;ul sutleretl ;'*' to vindicate j 
its ri'dits with firmness, and to cultivate perxc 
with sincerity. '':| The immediate result of this 
mission, was a treaty of amity, commerce, and 
. navigation, hetween the United States and Great 

Britain, whicli was signed by the negociatoi-s on 
the I9th of November, 1794, and, finally ratified, 
with the consent of the senate, in the year 1795 : 
Rut both the mission and its result, serve, also, 
to display the independence and t!'.e impartiali- 
ty of the American government, in asserting its 
ri"ljts and performing its duties, equally unawcd 
and unbiassed by the insfruments of belligerent 
power, or persuasion. 

On tlie lounilation of this tieaty the U. States, 
in a pure spirit of good faith and couFulence, 
raised the hope and the expectation, that i\ni ma- 
ritime u;surpation8 of Great Britain would ceasi; 
to annoy them; that all doubtful claims of juris- 
diction woubl he suspended : and tliat even the 
exercise of an incontestihie right wouhi be so luo- 
dificd, as to present neither insult, nor outrage, 
__ nor inconvenience, to their flag, or to their com- 

2^1^^ ^*- n)erce. But the hope and the expectation of the 

'P^^m United States have been fatally disappointed. — 

^^^r Some relaxation in the rigor, without any altera-. 

^^1 tion in the principle, of the order in council of 

f See the Hi iiish order of the full of Noveinbcr, 179^. 

t S***! tlie |ir-Hiil"«it'3 inesSHgo to tlii; senate, of tin' ICtJi of 
A|nil, 1794, in.mlii.iting Mr Jay as envoy extraordinary to 
h\s IJrilaiinic niajcstv. I 



the 0<h ol NovMuI.er, ITOr,, was introduced bv 

ti.e subsequent orders of tl.e 8th of January 

% 1^94, and the 25th of January, ir98 : buT S 

..^ the. rat.acat.on of the. treat/ ot 1794, untilt e 

STsnTlf^ ^^^^'"'^^' '^-^/''' treatyo'f Amien , 
in 1809, the commerce of the TT„ite,i States cot. 

twmed to be the pr«y of British cru'^iTsamf 
prvateers under tl;e adjudicating patronage of 
the Bnti.h trjhunals. Another gH.Aance, how- 
lever, assMmed at this epoch, a form and ma;;,u- 
tuiie, which cast a shade over the social lu.p- 
|pmess,as well as the political independence o^ 
I the nation. The merchant vessels of the United 
States were arrested on the high seas, while in 

'nuXTs".:; r-"^ ^'^''^^ ^^^^^^^' considerable 
numbers of the.r creu-s were impressed into the 

adve'nturer'f.^* ^"'^ ''^'^'^>" ' ''^ — erd^ 
Iv Tf ?V *'''."T"'"' ""^'^ «^^^"' consequent- 
ly, defeated; and the Joss of property, the em- 
barrassments of trade and naVigatiorf/ and te 
scene of domestic affliction, became intolerable 
I lius grievance (v/hich constitutes an imp,.rtant 
urv.v.ng cause of thelAmericun declaration of 
war) was earl j, and has been incessantly, ur-d 
u^on the attention of the British govcrnment-l- 
Even in the year 1792, they were told of " thei 
imtation that It had excited 5 and of the difficult 
I ty oi avoiding to make immediate reprisals on' 
I heir seamen in the United States."|| Thev were i 
told 'that so many instances of the kindhail I 
happened, that it was quite necessary that thev 
should explain themselves on the subject, and ' 
be led to disavow and punish such violence, which 
had never been experienced from any other na- 
tion.' § And they were told - of the inconveni- 
ence of such conduct, and of the impossibility of 
letting It go on, so that tho British ministrv 
should be made sensible of the necessity of pun- 
ishing the past, and preventing the future."^— 
But after the treaty of amity, commerce, and 
navigation, had been ratified, the nature and the 
extent of the grievance became still more mani- 
test; andit was clearly and firmlv presauted to 
the view of the British government, as leadin- 
unavoidably to discord and Mar hetvveen the two 
nations. They were told, - that unless thev 
wo uld come to so me accommodation which miglit 

of6ct l-gl ^'"'"' "" ''""' '° '^^ "'"«. -^ated the leth ' 

Nl%t ^''■'"' ^''"^ '^^ ««™^ to the 3.m., dated the Gth 



# 



^ 



ensfaffe tfie AraericaTi seamen against thia oppres i 

-.), mfd^uvv.^ \Mtia.i I'/x'. <.( t'li i(» cau^f '!ie r; 
iiivenience in h'* equally Mf on both sides."" 
riiev were toltl, "• that the impi-cssmeiit of Amo- 
ricaii citi/AMis. to serve oa bi)ard of British arm 
ed vessels, was not only an injury to the unfor- 
tunate individuals, hut it naturally excited cer- 
tain emotions in the breasts of the nation to 
who'u they belonq;, and of the just and humane of 
j every country ; and that an expectation was in- 
dulu;ed that orders wouhl be given, that the Ame- 
ricans so circumstanced should be immediately 
liheiated, and that the Britisli olficers should, in 
future, abstain from similar violences. ''t They 
were told, '• that the subject was of much greater 
importance than had been supposed ; and that, 
instead of a t'aw^ and those in many instances 
equivocal cases, (he American minister at the 
court of London had, in nine montli's (part of 
the years 1796 and 1797) made applications for 
the discharge of two hundred and seventy-one 
seamen, who had, in most cases, exhibited such 
evidence, as to satisfy iiim that they were real 
Americans, forced into the British service, and 
persevering, generally, in refusing pay and boun- 
ty."! They were told," that if the British gov- 
ernment had any regard to the rights of the U. 
States, any respect for the nation, and placed any 
lvalue on tlieir friendship, it would (acilitate ti»e 
j means of relieving their oppressed citizens."!! — 
jThey were told, •' that the British naval officers 
often i:!ipressed Swedes, Danes, and other for- 
eigners, from the vessels of the United States ; 
that they might, with as much reason, rob An»e- 
rican ve/5se!s of the property or merchandise of 
Swedes, Danes, and Portuguese, as seize and de- 
tain in their service, tlie subjects of tliose nations 
found on board of American vessels ; and that 
the pi'esidcnt was extremely anxious to have this 
business of impressing placed on a reasonable 
footing." 5 And they were told, •• that the im- 
pressment of American seamen was au injury of 



"^ee tKe le^tter from M: I'lnWur y, luinis er M Leiidon, to tin- 
sccrt-larv ol" state, «U(<I l.'-llt Mxrcli, 1793. , , , 

t See the note «r Mv. Jay, .■■voy cxlraor.l'.nary, to lonl 
firenville, dated the 30th .Inly, J7'J4. . .. „ 

» See the leiter of Mr. Kii>s;, mr.letcr nf London, to the se- 
crctury of slate, dated the \MU of Ai)nl, \7'J7. 
, II See the I.K.T fro... M.' I'lekerlns, sr^cnHaiT of st«te. <o 
I Ml- King, minister at London, dated the lOih oi September, 

^ Sep the letter fixjm the same to the same, dated the SRth 
nt October, 1796. 



very serious magnitude, which di'xjply aflected 
it.ie feeliuosv^nd honor of the nation'; that no 
, right had b^ assertc^J t(, impress tlie native? of 
America; j^, that they were impressed ; thoy 
weredra-g.'d oa board iJritish ships of war, with 
the evideijce of citizenship in their liands, and 
forced by violence there to serve, until conclusive 
testimonials of their birth could be obtained • 
that many must perisli unrelieved, and all were 
detained a considerable time, in lawless and in- 
jurious confinement ; that the continuance of the 
practice must inevitably produce discord between 
two nations, which ougiit to be the friends of 
each other; and that it was more advisable to 
desist from, and to take ettectual measures to 
prevent, an acknowledged wrong, than by per- 
severance in that wrong, to excite against tiiem- 
Iselves the well-tounded resentments of America, 
and force the government into measures, which 
may very possibly terminate in an open run- 
^ture."^ ^ ' I 

: Such were the feelings and the sentiments of 
I the American government, under every change 
joi its adminrstration, in relation to the Briti.^h 
I practice of impressment ; and such the remon-' 
strances addressed t^ the justice of Great Bri-' 
tain. It IS obvious, therefore, that this cause,! 
independent of every other, has been uniformly 
deemed a just and certain cause of war ; yet, 
the characteristic policy of the United States still 
prevailed ; remonstrance was only succeeded by 
ineo-ociation ; and every assertion of American 
|r»ghts, was accompanied with an overture, to se- 
cure, in any practicable form, the rights of Great 
-bntain.** Time, seemed, however, to render it 
more and more difficult to ascertain and fix the 

ls<antla.a of thp P., -.tisli rights, accunliug Co Ihe 
succession of t!ie British claims. The right of 

I entering and searching an American merchant 
ship, for the purpose of impressment, v/as, for 
a while, confined to the Qase of British deserters • 

land even so late as the month of February, I8O0! 
the minister of his Britannic majestv, then at 
Philadelphia, urged the American government. 



II See the letter from ^f,-. Marsl.all, secreta.-v of state, rnow I 

.:!..e just.c. ot the U«it. ,1 St.tes,) lo Mr. Kinff. miSi" ai ' 

London, dMted ihe -Oih nt S*i)iemi,er, 1800 ,' 

* f>te i>ar(icu)aWv Mr. Kin.r;'s propositions fo lonl f;ren- ' 

vjilo and lu.^1 llawkeshury, or the 13tb April, 1797. the JStli' 

lot March, '799, the '25ih ofFehrua.y. 1801, and in.lul.. l813 | 



# 



•' to take ifito consideration, as the only moans 
of clryin;i; up every soLiice of complaint, and ir- 
ritation, upon that head, a proposal which he hati 
made t\vt> years before, in the name of hismajes- 
ty's govt'inment, for the reciprocal restitution 
of deserters. "tt l^ut ^his pr(>ject of a treaty was 
then deemed inadmissihlo, by the president of 
the United States, and the chief ofTiccrs of the 
executive departments of the government, whom 
he consulted, for the same reason, specifically, 
•vhich, at a suhsequent period, induced the pre- 
sident of the United States, to withhold his ap- 
probation from the treaty negociated by the Ame- 
rican ministers at London, in tlie year 180G; 
namely : " that it did not sufficiently provide 
against the impressment of American seamen ;"|| 
and " that it is better to have no article, and to 
meet the consequejices, than not to enumerate 
nKeichant vessels on tlie high seas, among the 
things not to be forcibly entered in search of 
desertcrs.'-||!| But tiie British claim, expanding 
with singular elasticity, was soon found to in- 
clude a right to enter American vessels on the 
high seas, in order to search for and seize all 
Britisli seamen ; it next em')raced the case of 
every JJritish subject ; and finally, in its practi- 
cal enforcement, it has beea extended to every 
mariner, who could not prove, upon the spot, 
that he was a citizen of the United States. 
' While tlie nature of the British claim was 
thus ambiguous and fluctuating, the principle to 
iwliichit was referred, for justification and sup- 
port, appeared to be. at once. a< hittary and il- 
lusory. It was not recorded in anv positive code of 
the law of nations; it was not displayed in the 
elementary works of tlie civilian ; nor had it 
ever been exemplified in t!ie maritime usages of 
any other country, in any ot'ier age. In truth, 
it was the offspring of the municipal law ofG. 
Britain alone ; equally operative in a time of 
peace, and in a time of war ; and, under all cir- 
cumstances, inflicting a coercive jurisdiction, 
upon the commerce and navi'^alion of tiie world. 



tf See Mr. Lision'snote to Mr. Fickeiing, the stei-fttarjr of 
st:iir, tl:<ieil tli'.'itli of Feljrti:»ry. 1800. 

tt Sep the <)i)inW)n o> Mr. Pickeiing, secrolnryof slatP, en 
cUisiiig ihe i)l;iu of ;« trt ity, tlHted tlie 3il oi' May, 1800, and 
ili<; () ..moil of Mr. Wolcott, secretary of the treasury, dated 
111.- 14 h of Vpril, liiiW 

U See the opinion of Mr. Stoddert, secretaiy of tlie navy, da 
ted the iM -if .\iiril, 1800. Hnd the .pinions of Mr. Lee, .t 
tomej-KiniTul, dated the 3Gth of February, and the 30th of 
April,! SOU. » 



■*<»x- 



For iie legii.imate rights of tlio ' 'i'li^jo-fnt 
'Ovvers, the United States had felt and evinced 
a sincere and open respect. Althoiii^ii they had 
•narked a diversity of doctrine ainonj; the liiost 
celel>iate(l jurists, upon many of the litigatttd 
.joints of the law of war ; although thqy"^ had 
formerly espoused, with the example of the most 
powerful government of Kurope, the principles 
of the armed neutrality, which were ec^tablished 
in the year 1780, upon the hasis oi the memora- 
ble declaration of the emoress of ail ih? ^ua- 
sias ; and although the principles of that decla- 
ration have been incorporated into all tlieir pub- 
lic treaties, except in the instance of the treaty 
of 1794 .- yet, the United .states, still faithful to 
the pacific and impartial policy which they pro- 
fessed, did not liesitate, even at the commence- 
»ent of the French revoluti.uiary war, to accept 
and allow the exposition of the law of nations, 
as it was then maijitained by Great Britain ; and, 
conseriuentlv, to admit, upon a much contested 
point, that t1ie property of her enemy, in their 
vessels, might be lawfully captured as prize of 
war.* It was, also, freely admitted, that a bel- 
ligerent power had a right with proper cautions, 
to enter and search American vessels, for the 
goods of an enemy, and for articles contraband 
of war ; that, if upon a search such goods r ar- 
ticles were found, or if, in the course of the 
search, persons in the military service of the 
enemy were discovered, a belligerent had a ri^-ht 
of transhipment and removal ; that a belligerent 
had a right, in doubtful cases, to carry American 
vessels to a convenient station, for further ex- 
amination ; and that a belligerent had a ri"ht to 
exclude American vessels from ports and pla- 
ces, under the blockade of an adequate naval 
force. — These rights the law of nations^ l^ii»lit, 
reasonably, be deemed to sanction ; nor has a 
fair exercise of the powers necessary for the en- 
joyment of these rights, been, at any time, con- 
troverted, or opposed, by the American govern- 
nntent. 

But, it must be again remarked, that the claim 
of Great Britain was not to be satisfied, by the 
most ample aad explicit recognition of the law 
of war ; for, the law of war treats only of the r^ 



*SeeU.' correspondence of thct •rear J7&'2 i-eiw.en Mr 

Jefferso'V. secretary of stact, Mi> (f,e mi s, s ot G eat Dri' 

. u... «:i(l France See al.„ Mr J.ffer,. ,.'a \e-uev to (l,e Ame." 

ica^n m.^is'.ei-at Pans, of the sine j. ar, requesting the recall 



^ 



lations of a belligeieiit to his eueinj, while the 
claim of Great Britain embraced, also, the rela- 
tions between a 30verei:j;n and liis subjects. It 
was said, that every Biitish subject was bound 
by a tie of allegiance to his sovereign, which no 
lapse of time, no c iani;e of place, no exigency 
of life, CO Id possibly weaken, or dissolve. It 
was said^j that the British sovereign was entitled, 
at all periods, and on all occasions, to the ser- 
vices of iiis subjects. And it was said, that the 
British vessels of war upon the high seas, might 
lawfully and forcibly t-uter the merchant vessels 
of every other nation (f>)r the theory of these pra- 
ten-iions is not limited to the case of the United 
States, although that case has been, almost exclu- 
sively, affected by their practical operation) for 
the purpose of discovering and impressing Bri- 
tish subjects.! The United States presume not 
to discuss the forms, or the principles, of the 
"•overnments established in other countries. En- 
joying the right and the blessing of self-govern- 
ment, they leave, implicitly, to every foreigu 
nation, the choice of its social and political insti- 
tutions. But, whatever may be the form, or the 
principle, ftf government, it is an universal ax- 
iom of public law, among sovereign and inde- 
pendent states, that every nation is bound so to 
use and enjoy its own rights, as not to injure, or 
destroy, the rights of any other nation. Say- 
then, that the tie of allegiance cannot be severed, 
or rela^ced, as respects the sovereign and the sub- 
ject; and say, that the sovereign is, at all ti-nes, 
! entitled to the services of the subject ; still, there 
is nothing gained, in support of the British claim, 
unless it can, also, be said, that the British sov- 
jereign has a right to seek and seize his subject, 
while actually within the domlniou, or under the 
special protection, of another sovereign state. 
This will not, surely, be denominated a process 
of the law of nations, for the purpose of en- 
forcing the rights of war; and if it shall be to- 
lerated as a process of the municipal law of 
Great Britain, for the purpose (if enforcing the 
ri<^ht of the, sovereign to the service of his sub- 
ject, there is no principle of diserimination, 
which can prcvcrit its being employed in peace, 
or in war, with all the attendant abuses of force 
and fraud, to justify the seiy.ure of British sub- 
jects for crimes, or for debts ; and the sei/.ure ot 



^ Bee tlie IlritisU declaration of the lOlhof Jananry, 1813. 



I 



British property, for any cause that shall be ar- 
bitrar ly assigned. The "introduction of these de- 
gradin;; novelties, into the maritime code of na- 
tions, it has been the arduous task of the Ame- 
rican government, in the onset, to oppose ; and 
it rests with all otiiergovernments to decide, how 
far their honor and their interests must he even- 
tually implicated, by a tacit acquit^scf'nce, in the 
successive usurpations of the British fla^. If the 
right claimed by Great Britain !>e, indeed, com- 
mon to all gyverninents, the ocerui will exhibit, 
in addition to its many otlier perils, a scene of 
everlastinj^ strife and contention : but what other 
government has ever t!ui>.ir,l or eAercJ^eJ the 
right? If theriglu sliall be -xciusively establish- 
ed as a trophy of the naval snperiority of Gi;iat 
Britain, the ocean, which, has been sometimes 
emphatically denominated, " the high way of na- 
tions," will be identiiied, in occupancy a'nd use, 
with the dominions of the British crown; and 
every other nation must enjov the liberty of pas- 
sage, upon thep^iyment of a tribute ortKe indul- 
gence of a licence ; but w lat na^-)'i ■-. :jter....-d 
tor this sacrifice of its honor and its interests? 
And if, after all, the rig it be n.,: ....■, -feo ^as 
experience too plainly indicates) fb- tht- -< . r. .,e 
of imposing upon t|ie'United vStates,to ;:cc'.':imo^ 
date the British maritime policy, a new and odi- 
jous limitation of the sovereignty and iiidr ad- 
ence, which were acquired by the glorious rrvo- 
jlution of 1776, it is not for the American gov- 
ernment to calculate the duration of a war, that 
■shall be waged, in resistance of the active attempts 
jof Great Britain, to accomplish her prciject ; ''.r, 
where is the American citizen, who would toler- 
ate a day's submission, to tiie vassalage of such 
a condition ? 

But the American government has seen, with, 
some surprize, the gloss, which the prince le'rcnt 
of Great Britain, in his declaration ;')(■ the lOt'h of 
January, 1813, has cr.n]'"^cendcd t bestow upoa 
the British claim of a r;gi,t f> iiu.ncss men, on 
board of the niercii^nt vessels qT tether nations; 
and the retort, which he has v*;.i'U;ed t* make, 
upon the cijnduct of the Uia^'d States, relative 
to the controverted doctri-.ies of expatriation. 
The American government, ;ike everv other ci- 
vilized government, avows tie principle, and in- 



^ 



"s^pjf 



Juices the practice, of naturalizing foreigners.! 
1" Great Britain, and throu<j:liout tlie continent 
of Europe, the laws and regulations upon tbo 
subject, are not materially dissimilar, when com- 
parfd with the laws and regulations of the United 
States. The eftect, however, of such naturaii/.a 
tion, upon the connexion, which previously s'l''- 
sisted, between the naturalized person, and the 
government of the country of his birth, has been 
differently considered, at different times, and 
in different places. Still, there are many re- 
spects, in which a diversity of opinion does not 
exist, and cannot arise. It is agreed, on all 
hands, that an act of naturalization is not a vio- 
lation of the law of nations ; and that, in parti- 
cular, it is not in itself, an offence against the go- 
vernment, whose subject is naturalized. It is 
agreed, that an act of naturalization creates, be- 
tween the parties, the reciprocal obligations of 
allegiance and protection. It is agreed, that while 
a naturalized citizen continues within the territo- 
ry and jurisdiction of his adoptive government, he 
cannot be pursued, or seized, or restrained, by 
his former sovereign. It is agreed, that a natura- 
lized citizen, whatever may be thought of the 
claims of the sovereign of his native country, 
cannot lawfully be withdrawn from the obligati- 
ons of his contract of naturalization, by the force 
or the seduction, ofa third power. And it is agreed, 
that no sovereign can lawfully interfere, to take 
from the service, or the employment, of another, 
sovereign, persons who are n(tt the subjects ofei- 
ther of the sovereigns engaged in the transaction. 
Beyond t!».e principles of tliese accorded propo- 
sitions, what have the United States done to jus- 
tify the imputation of" harboring British seamen, 
and of exercising an assumed right, to transfer the 
allegiance of %itish subjects .►"'* The United 
States have, indeed, insisted upon the right of na- 
vigating the ocean in peace ami safety, protecting 
all that is covered by their flag, as on a place of 
equal and common jurisdiction to all nations; 
save where the law of war interposes the excep- 
tions of visitation, search, and capture ; but, in 
doing this, they have done no wrong. The Uni- 
ted States, in perfect consistency, it is believed, 



• See til' Bifiisli fJeclaiaticn of the lOih of January, ;813 
■{■ Se«* 111 passages in the British declaration, ofthelOih 
[ January , S1.>. 



-.•<Nl 



with the practice of all belligerent nations, not 
even excepting Great Britain herself, have, in- 
deed, announced a determination, since the de- 
claration of hostilities, to aflford protection, as 
well to the naturalized, as to the native citizen, 
who,gi ing the strongest proofs of fiilelity, should 
be taken in arms by the enemy; andtiie BriHsIt 
cabinet, well know tliat tliis doterininafion could 
have no inlluence upon those councils of their sove- 
reign, which preceded and produced the war.- It 
%vas not,then, to" harhor British seamen," nor to 
*< transfer <he allegiance of British subjects ;" 
nor to ' cajicel the jurisdiction of their Je- 
gitimate sovereign;" nor to 'vindicate "the 
pretension that acts of naturalization, and cer- 
tificates of citizenship, were as valid out of their 
vown territory, as within it ;"t that the United 
States have asserted the honor and the privileo-e 
of their tlag, by tiie force of reason and of arms. 
But it was to resist a systematic scheme of ma- 
ritime ag2;randizement, which, prescribing to eve- 
ry other nation the limits of a territorial bounda- 
ry, claimed for Great Britain the exclusive domi- 
nion of the seas; and which, spurning the set- 
tled principles of the law of war, condemned the 
ships and mariners of the United States, to suf- 
fer, upon the high seas, and virtually within the 
jurisdiction of their flag, the most rigorous dis- 
pensations of the British municipal code, inflict- 
ed by the coarse and licentious hand of a British 
press gang. 

The injustice of the British claim, and the cru- 
elty of the British practice, have tested, for a se- 
ries of years, the [>ride and the patience of the 
American government : but, still, every experi- 
ment was anxiously made, to avoid the lasti esort 
of nations. The claim of Great Britain, in its 
iJieorj, was limited to the right of seekingand im- 
pressing its own subjects, on board of the mer- 
chant vessels of the United States, although in 
fatal experience, it has been extended (as alrea- 
dy appears) to the seizure of the subjects of ev- 
ery other power, sailing under a voluntary con- 
tract with the American merchant ; to the sei- 
zure of the naturalized citizens of the United 
States, sailing, also, under voluntary contracts, 
which every loreigner, independent of any act of 
naturalization, is at liberty to form in everv 






country j and even to tlie seizure of the na- 
tive citizens of the United States, sailing on 
board tlio ships of their own nation, in the prose* 
cuiion of a lawful commerce. The excuse 
for what has been unfeelingly termed, " partial 
mistakes, and occasional abiise,"| when the right 
of impressment was practised towards vessels of 
the United States, is, in the words of the prince 
regent's declaration, " a similarity of language 
and manners:" but was it not known, when this 
excuse was ofTered to tlie world, that the Russi- 
an, the Suede, the Dane, and the German; that 
the Frenchman, the Spaniard, and the Portu- 
guese ; nay. that t'le African and the Asiatic ; 
between whom iin»l the people of Great Britain 
tliere exists no similarity of language, manners, 
or complexion ; had been, equally with the Ame- 
rican citizen and the British subject, the victims 
of the impress tyranny. II if, however, the excuse 
be sincere, if tlie real object of the impressment 
be merely to secure to Great Britain, the naval 
services of her own subjects, and not to man her 
fleets, in every pracicahle mode of enlistment, by 
right, or by wrong; and if a just and generous go- 
vernment, professing mutual friendship and res- 
pect, may be presumed to prefer the accomplish- 
ment even of a legitimate purpose, by means 
the leust afflicting and injurious to others, why 
have the overtures of the United States, offering 
other means as effectual as impressment, for the 
purpose avowed, to the consideration and accep- 
tance of Great Britaitj» neen forever eluded or 
rejc-cteif ? It has been offered, thatthe number of 
men to be protected by an American vessel, 
should be limited by her tonnage; that British 
officers shoidd be permitted, in British ports, to 
enter the vessel, in order to ascertain the number 
of men onboard; and that, incase of an addi- 
tion to her ciew, the British subjects enlisted 
should be liable to impressmcnt.§ It was offered 
in the solemn form of a law, that the American 
seamen should be registered; that they should 
be provided with certificates of citizensliipU and 
that the roll of the crew of every vessel should 



+ Sec ihe nrilish tleolaration of die 10th of Januarv, 1813. 

n See tlie Icitpr of i-. rickerinc secretary ot»taie. (o Mr. 
King, tninisi.rat I ,ondon, of the 'J6lh of October, 1796; and 
the letter of ^Ir. Marsh;\ll, 3eirei;ii-)' of state, to M . King, ot 
theSOthof SLptcmber, ISO. 

§ See the letter of Mi. .Icfferson, secretary of state.to ^^. 
Pinkney, minister at I oi.doii, dal' <i the I llh of June, 1792 
aixl the letter of Mr Pickeiinp, secrct.-irv of state, to Ml . 
KiiiK, niinisUr at London, dated the 8 h of ,»iii.. , 1796. 

1 Sec the act of congress, passed the *^8th otM«yi 1796. 



/ 



• 



jlie formally authenticated.* tt was offered, that' 
)no refus;e or protection should Ijeciven to deser- 
ters; but, that, on the confrarv, tJicy slioiild bt 
siurenderetl.t It was '-again and again o(fl<red 
to concur in a convention, wliicli it was thoui^M* 
practicahle to [)e formed, an.l which should st'ttlc 
(iie question of impressment, in a manner tli:f 
would be safe for Ensjland, and satisfactory to the 
United Statf>s4 It was oftored, that each party 
should prohibit its citizens or subjects, from clan- 
destinely conceAling; or carryinjj awav, from the 
territories or colonies of the other, anv seamen 
belonging to the other party. !l And, conclusiTe- 
ly, it has been offered and declared by law, that 
" after the termination of the present war, 
it should not be lawful to employ on board of any 
of the public or private vessels of the United 
States, any persons except citizens of the Unit- 
Ad States ; and that no foreigner should be ad- 
mitted to become a citizen hereafter, who had 
not for the continued term of five years, 
resided within the United States, without ^ing, 
at any time, during the five years, out of the ter- 
ritory of the United States."§ 

It is manifest then, that such ptovision might 
be made by law; and that such provision has 
been repeatedly and urgently proposed; as 
would, in all future times, exclude from the ma- 
ritime service of the United States, both in public 
and in private vessels, every person, who could, 
possibly, be claimed by Great Britain, as a native 
subject, whether he had, or had not, been natu- 
ralized in Araerica.ll Enforced by the same 
sanctions and securities, which are employed to 
enforce the penal code of Great Britain, as well 
as the penal code of the United States, the pro- 
vision would afford the strongest evidence, that 
no British subject could be found in service on 



W 3 



See the let erof Mr. Pickering;, secrt tai- - of state, to Mr 
K ng; mill nor a( London, iated the Sth nf June, 1796. 

t See the project of n treaty on the subject, between Mp 
Pickennj., secret-iryrf state, an.l Mr Liston. the British mi 
nster, at Phihdelphia, in the year ISOO 

t See the letter of Mr. King, minister at London, to tht 
secretary of state, d .ted the 15^ of Murch, 1799. 

\ See the letter of Mr. King, to the secietary of sta'e. 
d:>ted inJul , 18 i3. 

§ Se: tho act of congress, passed on the .'^d of March, ISl,-). 

If Sei- the letter of instrtictiinstVom Mr. Monroe, sccreUrv 
of slate, to theplenipotenti^iries for trea.in^ rf p ace wih ti'. 
UiitaMi, under the mediation of the emperor Alxander. dated 
tho 5th of April, 18; 3. 



board of an American vessel; and, consequently? 
whatever might be the British rij^ht of impress- 
ment, in t\\e abstract, there would remain no jus- 
tifiable motive, there could hardly be invented a 
plausible pretext, to exercise it, at the expense 
of the American ri>iht of lawful commerce. If. 
too, as it has sometimes been insisniated, there 
would, nevertheless, be room for frauds and eva- 
sions, it is sufficient to observe, that the Ameri- 
can u:overnn\ent would always be ready to hear, 
and to ;edress, every just complaint: or, if re- 
dress wer. souglit and refused, (a preliminary 
course, that ouglit never to have been omitted, 
but which Great Britain has never pursued,) it 
would still be in the poxver of the British govern- 
ment to resort to its own force, by acts equiva- 
lent to war, for the reparation of iU wron2;s. — 
But Great Britain has, unhappily, pecceivcd in 
the accceptance of the overtures of the Ameri- 
can government, consequences injurious to her 
maritime policv; and, therefoie, withholds it at 
the expence of her justice. Sh« perceives, per- 
haps, a loss of the American nursery for her 
seamen, while she is at peace ; a loss of the 
service of American crews, while she is it 
war; and a loss of many of those opportunities, 
which have enabled her to enrich her navy, by the 
spoils of the American commerce, without ex- 
posing her own commerce to the risk of retalia- 
tion or reprisals. 

Thus, were the United States, In a season of 
reputed peace, involved in the evils of a state of 
war ; and thus, was the American flag annoyed 
by a nation still professing to cherish the senti- 
ments of mutual friendship and respect, which 
had been recently vouched, by the faith of a so- 
lemn tieaty. But the American government 
even yet abstained from vindicating its rights, 
and froni avengino; its wronacs, bv an appeal tn 
arms. It was not an insensibility to those 
wrongs; nor a dread of British power ; nor a 
subserviency to British interests, that prevailed, 
at that period, in the councils of tlie United 
States: but, under all trials, the American go- 
vernment abstained from th^appeal to arms then, j 
as it has repeatedly since done, in its collisions; 
with France, as well as with Great B itain, 
fnmi the purest love of peace, while pcare ould 
be rendered compatible with the honor and in 
dependenceof the nation. j 

(to nr. ro'tTi':tnET).) ] 



r^ 



SiTU'IJD.V. ....M.VliClI .8, 1S15. 



► 



€ 



¥ 



AN EXPOSITION 

OFTUK 

CAUSES .ij\T) CHARJICTER OF ■Villi LATE 
WAR IVlt ]l GJiRAV Jih'U.lI.V. 

{ri.Nri\uEi).> 

During the period which has hiUiertu hfoi 
more '.\T!licula!ly conternplateii (Iiobi the'decia- 
ivxa III hostilities herween Great Biitain and 
Fiance in the year 179-3, until the slinrt-Iived 
paciilcatiou of the treaty of AiuieiiS in 180-2^ 
tiiete were not wanti-ig occasiatis, to test the 
consistency and the i'lpaitiality of tfie American 
gover:i:nent. by a comparison of its conduct to- 
wards 'ireat IJritain, with its conduct t()\\ards 
(itl.e;- nations. 'J lie inanifestations (d'the er-itrenie 
jealousy of the Frcncli njoverntnent, and of the 
iiitemnorate zeal of its niiriisfers near the United 
States, were co-cval with the proclaMiation of 
neutrality ; but alter t!ie ratuicatlyn of the tn-a- 
ty of London, liie scene of violence, spidiatiun, 
and contunieiy, opened by France, upi)n the U. 
States, becasne such, as to admit, perhaps, of no 
parallel, except in the CDtemporaiieois .-.cenes 
whicii wero e-iiiihited by the inj-.istice of hergi eati 
C'Jiunetitur. The An.erican ";o;ernnicnt acted,' 
in \-:yi\\ cases, on {\\t same pacific policv : in the 
same spirit of patience and forbearance j hut' 
with (he same determination also, to assert the' 
lidlTiOr an ! independence of t\\kt nation. When,^ 
there f.. re, every conciliatory e!tbrt had failed, 
an ! 'vi !^ei. t.vo successive ini,is!oas of peace had 
.been -^ iie.r.ptuously repulsed, tlse American 
go- -. iiiuent, in the year 1798, annulled its trea-j 
tie, ivii', France, and wa<red a inarifime war 
a^ainsf t'at n:)i: vn, for the defence of its citizens 

and of irs eomoiorce, passing on the hii;h seas. 

■^'Btitas soon as the hope was conceived, of a sa- 
'ti<^*'actory cliange in the disposirions of t!ie 
J.,. nc'' government, the American governmer.t 
h3«tened to send another mission to'Fiancc ; — 
ar.;! a convention, siumed in the year 1800. ter- 
Tr.Ii;ated the subsi^tiiig liiilerences between the 
two countries. i 



No'- •■■^■- t' e Uni'c'l States able, durin;; .Ibe 
same rn^riod, tu avoid a collision Aviti. tbo ';jveit)^- 
inentut" S'paii), "i^on many impo'. tarif'aad criti- 
cal q^Chl >))"•; cibj mdaryani! conineree: af In- 
dian warfafT.aiiJ laritiinc s|)i»liatl()n, Pr-e^erv- 
'■in<»-5 hovv^v^i\ their system ol' moderation, in tl\e 
assertJoi/o' IreirVi^ot!^, a cont-se -ii amicable*, dis- 
c.vi«sio« a/W-f.Kplauatian. orodaced isiuttjal sat!s-» 
f;.:tion ; aad ii treaty of frii^iutsuip, limits, and 
nav ifuti "V vsas formed in the year 1795, by 
wh'.ch t^-'-CitiZiens of t!ie Unite.] States acquired 
a rigi-.tyfor the space of Ihret- years, to depoirit 
tlici'r merchandises and-efTtrfs in the port ofNew 
Orleans; witii a yjnimise, eithei' that the ep.joy- 
-meut ofthat ri^ht should be indefinitely continu- 
cd, *>r that aoothnr part of the banks of tbe Mis- 
lisiippi. should be assigned for an equivalent es- 
.tiihiishment. But, w'.'.en, in the year lK0.-2^ the 
port of New Orleans was abruptly closed against 
the citi '.eni of the Unlled States, \vlt!ioiit an as- 
siT-.-imeiit jf >xriy other equivalent place of depo- 
site^'the harmony of tiie two countrie.-* was again 
.■most seriously endangered; until the Spanish 
jf;overn:neut, y e:dinj5 to the remonstrances of the 
.United S4aiea, disavowed the act of theinten- 
iliMt of ?vC',y Orhan-, and ordc-rod the right of 
..ilepaoif'": tp be r^einstated, oa the tc' 'rusOf the trea- 
'ty of 1795. 

The v.f-^c'-, produced, even by a temporary 

suspwsipn r tie right of deposite 'it Nesv ()r- 

l('5'..s i<p0!5 t: ii't'-rests and feelings of tlie na- 

74ion4,Tiaturai!y suggested to the American go c-n 

men^ the espedieiicy of g'-iardi-^s,- against the r 

r*'" :;> :ce, by the acquisition of a permanent 

r •■' in'ti'C province of lioui-ti an a. The mi- 

,';; llie United .States, at Madrid, \va>-, rc- 

c ,- , instructed to ap-pH' to the j^overnment 

<,i .-»p.uu uooji. li.e subject; and, on t!ic ^th o 

' Mi'.v, f'JUo/hc rivoi.ed an answer, statinj^, tha! 

«^ hv t,. { retrtK:ihS.-.)-i n)adc to France, of Louisi- 

c'V, that nowor 'CgitiMt-d the .province, with the 

V it! Lad, : ''1" 'I '' r';;ht3 acquired by other 

h ; liid t • '..itcd States c »u'd ad- 



# 



drcs,-^ f1*.^.Ks:r' -s t» <;ie French govermierit. to 
r.t^ocu.le the ricy-ii-'it'O'i ot" tertitMrics, -.ihicii 
might SiHit their intLMCsf,'-* Hut ';t>fbrt' iT/s re- 
reif.ic<j,.iincial infonnation of't'ie same fact hail 
be..>:i.r^C'|:'ied by Mr, I'irikn.;y Guio t'le court of 
Snaiiv.-iiij the nioiilhof Muicli prece'liti',; and the 
'Aivoiij ai) f!;()vern:nent, '.aviag instituted a spcci- 
/■al i.',iis,'i{;'i to negooij^^-4he piiic'^ase of Louisia- 
"^na fr;n':i'Fianco,or froi.': Spaio, whichever should 
.be ite'sovcreij^n, tlie purchaitv was, acci><(liii;r!v, 
accOft.rJsshecl fv>r a valuable considtMafion (that 
ua.'^pui.ciuallv paid) hy'ihc ii-iatv concluded at 
Parif. u: the Sbth of April, ISOi^. 
;.. . "Fay, Aii.<.^iicat) goveiiiiueut has not seen,with- 
r,'ot!t', v^oue-j-nnsibility, that a (ransacfi )n> accon;- 
panicd I'V ?uch circonistanrcs ofgencial [>ublici- 
ty, and ofscrujiuious good faith, has be-'-n denoun- 
cccl by the prince regent, in his declaration of 
the loth of J:}riuary, 1813, as a proof of the '• un- 
p:eierou3 coiy.iuct" of the United States towards 
S^^ain.f in amplification of the royal charge, the 
, ririti.sh negociatoi-s at Ghent, have presuii;eil to 
i'.npute " the acquisition of Louisiana, by tiie 
VJtiited ytates, to a spuit of aggrandi/ement, not 
necessary to tlieir own secuiiiy-" and to main- 
tain '• Uvdi the purchase was 'made a'^ainst thQ 
icno'.yn conditions, on which it had been ceded 
by Spaiii to France ;'"t tha( '-in the face of the 
protestation of the minister of his catholic majes- 
ty JitAVashingtoo, the president of the V. States 
nit.hci tlietieiity of purchase ^"j{ and tfiat'- there 
was good reasor. to believe, that many ciixum- 
stances atteiiding tlie transaction vvere indus- 
triously .cohcetiled/'^ '-f^be American govern- 
ment cannot conde^Lt-nd to retort aspersions 
so unjust, in language so opprobrious ; and pe- 



bee ih.^ letie, tnjui iJo i Pe.lro Ci vhMos. the mii.isUr of' 
Sp:iii., to Mr. G. I'lnki.e- , '.U^ nii;n.sier .,t il,e I'niie.l St.»les ' 
(la:c, tUc 4U. o: M«^, ISO,), tVom wlhca the ^as^age cited is 
JitPiMiiv traiislauil. 

■j- -;eo the pniicc regjni's il.;clar,itio:i of i\::: lOtU of Janui-' 
rj, !8i3. / ^ . ' 

^ Sue the nn;,; of the Uri.ibh eom^issiont is, dated the 4th oj 
Septeniber IS 14. 

!| S<'c- I'l,' note (.f the Bi-iti^li roinmiss'k.ucrs, (fated the IQih 
of Nct)ic;,.h r, ISU. - 

5 >< V U.L- ii.-iie of tft^c British *amau;iiQrers, Oaied the 8th of 
October, \8U. -w^ mei 



$ 



1 



ifemptorily rejects tin- prcteusioa of Or at 
Br tain, to interfere in the business of the 
Uiiitiil States ami Spnin : but it owes, uever- 
thetess, to the claims (if truth, :i distinct state-^ 
ment of the facts which have beca thus misre-| 
presented. Wlic:i the special mission was uj)- 
pointed to nejrociate the purchase of Louisiana 
from ^^•ance, in the manner already mention-, 
ed, the A'nerican minister, at London, was- 
instructed to explain the object of the mission; 
and havin^r made the explanation, iie was as- 
sured by the liritish s*>vernnient, '' that tlse 
communication was received in <rood part ; no 
doubt was suggested of the rig^it of the United 
States td pursae, separately and alone, the ob- 
jects they aimed at; but the British guvern- 
-onf nnnpared to be satisfied with the presi- 
dent's views, on tni^ ;iv.povtant subject."* As 
soon, too, as tlie treaty of purchase was con- 
cluded, before hostilities were a;;ain actually 
commenced between Great Britain and France, 
anil previously, indeed, to tlie departure of the 
French ambassador from London, the Ameri- 
can minister openly notified to the British gov- 
ernment, tiiat a treaty had been signed, <• by 
which the complete sovereignty of the town 
and t''rritory of New Orleans, as well as of ail 
Louisiana, as the same was heretofore possessed 
by Spain, had been' acquired by the United 
States of America; and that in drawing up the 
treaty, care had been taken so to frame the 
same, a;j not to infringe any right of Creat 
Britain, in the navigation of the river jMlssis- 
sippi."! In the a;iswcr of the "ritish govern- 
nient, it was eAplicitly declared by lord Hawkcs- 
biuy, "that he iiad received his majesty's com-i 
mrri'ls to express the pleasure with wliich his' 
iiKijfsty had received the intelligence; and to 
add, that his majesty regarded the care, whicli 
had been taken so to frame tlTe treaty as nctt 
to infringe any right of Great Britain in the 
navigation of the Mississippi, as the most sa- 

jtisfactory evidence of a dis])osition on the part 
of the governuient of the United States, cor- 
respondent with that ubloh his majesty enter-' 

itained, to proniute and improve that harnioiiy,' 



proniute and impr 
lianoilv subsisted 



which so happilv subsisted between the two 
countries, and whicli was so conducive to theii' 
mutual benefit. "t The world will judoe, whe- 
ther, under such circumstances, the British gov- 
ernment had any cause, on its own account, to 
ariai;;t:' th^! conduct of the United ^■tates, in 
making t'lio purchase of Louisiana: and, cer- 




1 



* S(e tlie letter from the ascietary of state, (oMr. King, the 
Amcricm miiiister wt London, dated tie CJlh of .fatifury, 
803 ; and Mr. King's letter to tlit; secrelaiy of sUte, dated the 
'28th of April, 18v3. 



t See the le ler of Mr. Kinj, to Iwd Hitv.-kesbmv, ilate 
the IStii or May, 1803. 

t See tlit lot, EH- of lord Hawkcabiii'v, to Mr. Kitie, dntcd the 
iDlhoi'Myy, ISO.). " ' 

!| Si.-e tiic letter of the marquis de Casa Yrnjo, to the Aiiie- 
'^icari sc.crei.ary of stHte d:ited (he lith ot May, H^Oi. 

§ S.-e tlie prinetj regent's dcchirHlion of ihe lUth of January, 
ISIo Site the lu^tcs oi' the British commissioners, dated I'Jth 
Srptejnber, 8.l» tjctobec^USIi,.. „ , 



'taiuly, no greater cause will Ixj iouiul fur tIl^;l 
arraigmneiit, ou account of Sptiiii. The Spani.-h 
^overniiie;nt was ai)])rl/.ed of the int<!Jitioa of^ 
,'ihe United States to nej^ociate for the pur- 
I chase of that province; its amhassatlor wit' 
nessed tho progress of the ncgociatiun at Paris ; 
.and the conclusion of the treaty, on the 30th 
of April, 1803, was promptly known and \\n- 
deratood at Madrid. Yet, tfie Spanish govern- 
Kient inter{)osed no objection, no protestation, 
against the transaction, in I'^uropcj and it wa.s 
not until the mOnth of S'^pteinher, 1803, that, 
the Atnericaii government heard, with surprize,! 
froni the minister of Spain, at Washington, that 
his catholic majesty was dis.satisGcd with tht ces- 
jsion of Louisiana to the Unitetl States. Not-j 
withstanding tins diplomatic remonstrance, how- 
ever, the Spanish government proceeded to deli- 
ver the ])ossession of Louisiana <o France, in ex-, 
Gcution of the treaty of St. lldcfonso; saw 
[France, by an almost siniultaneous act, transfer 
the possession to tiie United States, in execution 
of the treaty of purchase ; and, finally, instiuct- 
ed the marquis de Casa Yrujo, to present to 
tlie Ainoiican government, the declaration of the 
l.'>th ofM.iy, 1804, acting " by the special order 
of his sovereign." "that the explanations, which* 
the gurornmsnt.of France had given to his catho- 
lic ni.ijcsfy, concerning the sale of Louisianii to 
the United States, and the amicable dispon'.tlon.s, 
on the pfirt of t'lic kinij. his mciv^ter, towards these 
states, had determined iiim to aband )ii the oppo- 
sition, which, at a prior period, and with the most 
suiistantial mvitives, he hatl manifested against 
the transaction. -"il 

Rut after this amicable and decisive arrange- 
ment of all ditlerences, in relation to thevaliditv 
of tlie Lotiisiana purciia.^e, a question of s tme 
emi.arrassment remained, in relation to the boun- 
da-ies of thrj ceded territory. This question, 
however, the American government always has 
been, and always will be, willing to discuss, in 
the most candid manner, and to settle upon tiie 
most liberal basis, w ith the government of Spain. 
It wasnot,tiiererore,afairtopic, with which to n- 
Hame tlie prince regent's declaration; or to em- 
beliish the diphunatic notes of the British ne- 
gociators at Ghent. § The period has arrived, 



wlieii Spain, relieveii from lier European labors, 
jmay be expected to l^estow lier attention, more 
|eliectua!l^ UpoTi the stale of her colonies ; aiul, 
acting with the wisdom, justice and magnani- 
inity, of which slie lias given frefjueiit examples,, 
she will find no diiRcultj', in meeting the rece"nT 
advances of the American governn^tMit, for an 
ho;;(:rabli: adjustment of every point in contro- 
vci-sy between the two countries, wirhoiit seek- 
ing the aid of British mediation, or adopting the 
animosity of B.'vfish co'mcils. 

But still the United .-ntates, feeling a constant 
interest in'tiie opinion of enlightened and impar- 
tial nati' ns, cannot hesitate to embrace the oppor 
tunity, for representing, in the simplicity of truth 
the events, by which ta^y have been led to take pos 
session of a part of the Floridas, notwithstanding i 
the claim of Spain to the sovereignty of the same 
territory. In the acceptation and understanding 
of the U. States, the cession of ijOuisiana,eiuoi-ac- 
ed the country soutli of the Mississippi territorv, 
and eastward of the river Mississippi, and extend- 
ing to the river Perdido ; but '' their conciliatorv | 
views, an;' their confidence in the justice; of their) 
cauie, and in the success of a candid discussion 
.and amicable ne'^ociation with a just and friend-^ 
ly power, induced them to acquiesce in the tem- 
porarv continuance of that territory under the 
Spanii^h authin-ity/'TT Wlicn, however, the 
adji;3tment of the boundaries of Lonisicjna, 
as well as a reasonable indemnification, on ac- 
count of maritime spoliations, and the suspen- 
sion of the right of deposite at New Orleans. 
seemed to he indefinitely postponed, on the part 
of Spain, by events which the U. States had not 



*l Hue tli<r iirocliinistion ct' the. picsMent of tlie UnitcJl 
Slates, uutlioriziiiggfivcinorClniborne lo take pasaesci' n of tliel 
ictritorv, Uwlv-d ih? Qrih cf October, ISIO. 1 



» 



i 



^ 



fc 



contributed to produce, arnl c.'OuUl not control ,* 
when a ciisU had arrivctl rAiljversiv/wf the or- 
-ler oftliliias m)iU.'r tin' Spiinish aiithorKics, cun- 
traveaijii; t'-.e views of both partie.i, and endaa- 
a;erin;^ tin; ti-antiuillify and sccuiltj.of the ad- 
J!)iain;^ territories, by tlie intrusive esfahlisli- 
ment of a a;overiiinent, independent of Spain. 
as well us (d" the Unitrii States; and when, at a 
later period, there v/aj reason to believe, that 
Great Britain herself desij^mul to occupy the 
Floridas, (and she has, indeed, actually occupi 
ed Pensacola, for hostile purposes.) the Aineri 
can goveriMnent, withoat departing from its res- 
pect for the rights of S()aiii, and even consulting 
the honor of that state, unequal, as she then was, 
to the task of suppressing the intrusive esta- 
blishment, was impelled by tiie paramount prin- 
ciple of self-pra»ervation, to rescue its o»v'n|rights 
fi-omthe impeiidifi^ danger. Hence the'Unitr 
cd State ■ ' 



ccl states 11) the year 1810, proceeding step by 
step, according to the growing exigeuciosi of tjio' 
tune, took possession of the country, in which 
the standard of independence had been displav-j 
ed, excepting such places as were held by a Spa- 
: 11 ish force. In the year iBl I, --Jjev authorised' 
their president, 'by law, provisioni.fly ta accept' 
of the possession of East F/orida froui the local! 
authorities, or to pre-occupy it agaia^t the at- 
tempt of a foreign power to seize it. In 1813, 
they oijtained the possession of Mobile, the oniv 
place then held by a Spanish force in West Flo- 
irida ; with a view to their own immeili.kte secu- 
!-ity, but witliouc varyiiig the (juestions cepend- 
;ing between theiuaiid Spain, in relation to that 
province. And in the year 1814, the Airerican 
oomrnaiider, acri.'ig un;ler the sanction of the law 
of nations, but unauthorised by theorders efhisgo- 
vernment,drovefrora Fensacola the J iricish troops, 
who, in violation of the neutral territoi-y of Spain, 
(a violation whic'.i Spain it is believed niust herself 
resent, and would have resisted, if the -opportu- 
nity had occured,) seized and fortiried tliat sta- 
tion, to aid in military operations against the Uni- 
ted States. But all tlicse measures of safetv 
and Tiecessity were frankly explained, as theV 
occurred, to the government of .Spain, and even 
(o tiie government of Great Britain, antecedent- 
ly to the declaration of war, with the sincerest 
assurances, that the possession of the terrtory 
thus acquired," should not cease to be a sul*ject 



<f 



f>f f^-^and IVieEiUy negaciatiou and iidjust- 
luent."* 
. ^ I The present review of tl»e conduct of the Uni- 
'^^ff' ted States, towards the bo!li;;erent powers of Ea- 
irope, will be regarded by every caadid miiidj as 
ja lu'cessary medium, to vindicate their national 
[cliaracter, from tlie unmerited imputations of 
'of tlie prince reu;ent's declaration of the lOtli 
January, 1813^ and not as a medium, volun-l 
/tarily assumed, according to the iusiiiua- 
j tions of tliat declaration, for the revival of 
unworthy prejudices, or vindictive passions, ( 
in reference to transactions t!iat are past. Tlie ' 
, treaty of Amiens, vv-hich seemeil to terminate 
the war in Europe, seemed also to terminate the 
neutral sufferingi of America; buttkehope u> re- 
pose was, in both respects, delusive and transient. 
The hostilities whic!i were renewed bet^\'een G. 
Britain and FraMcc,in tHe year 1893, were imme- 
diately followcil by a renewal of the agi^rcssions 
of the belligerent powers, upon the commetcial 
rijjlits, and political independence. .•! the United 
States. There was scarcely', therefor.s an inter- 
val, separating the aggi-esoions of tlie first wai,^, 
from the aggrcjiions of the second war; and al-; 
though, in natSre, tho aggression,^, continued io\ 
be the same, in extent, they l)ccame incalculably' 
more destructive. It will be seen, l»owever,| 
tUat the Ameiicau government, in'lexibly main-, 
tained it^ neutral aad pacific policy, in every ex- 1 
tremity of tiie latter trial, with the' same good 
faitli and forbearance, that, i.T the former trial, 
hail distinguished its cond'uct; until it was com- 
pelled to choose, from the altern;itive,of nation- 
al degradation, or national resistance. And if 
Gicat Britain alone the v became t'le object of 
the American declaration of war, it will be seen, 
that Great Britain alone, had obstinately closed 
the door of aniicah'e negociation. 



\ 



w 



• See the Iett(ii- from the s-i!ret:;rv of state tO!»oveviio\ !' ai- 
borne, ami the iiioc'Hiuation, lUicd tin- i,7\\\ if ( (.luiicr I8IU: 

See tht; jirocetdiiiijs of the coiivenliou ot Fljiiila, transir.iu 
ted to llie secredry 'i state, h\Mhe govf-jor of thi-- Mi-ssissiini; 
teniioiT, ill las IcUer of thr Uih or" Ocloher, 18lfl : and iti ■ 
answer of the secretajy of state, dated the 1 5iii ( f Novembii- 
1810: 

See (Lie lett'T of Mi-. Mori.-r, British cliargc d'afPtires, to 
the secivtary of state, dated the 15lh of Ueceiuher, iS.O; an.', 
the secretary's xiiswcr : 

, See tlie correspondence between^Mr. Monroe, and M.-jFos- 
tt'.r, tlie British ministei-, in tiie nio' ths of July/ Si-pteruber 
and Xovember, 1811 

t See tlielcltcffcf Wr.Ki:.?, tolhcsceretarvofstate, dateiJ 
the I6'h of Ma)-, 1803. 

it See the letter of Mr. King, to the soo^etaiy of stMe, dated 
jy y, I SOS. 

See the letter of Mr. King to th? secret^rr of state, dat- 
e Juljj 1803. 



Tlie Ainerican ini:ii.'»ter at London, aiiticipat- 
iii"- the rti])t'nt: bctv.ccn Great liritalii and 
Fiarice, had obtaimMl assiirauct^s IVtjia tic Kii- 
tish o-overnmetit, •' that, in the event ot war, the 
iiisfructioiis j^iven to their naval officers ohtmU! 
be drawn up with plainness and precision; and, 
in general, that the rights of bellip;ere3its should 
be excicised in moderation, :«id with due respect 
for those of noutra!!5."t And in relation to the 
Important subject of i'.npre.ssnient, he liad actu- 
(illv prepared for »i2,natun', with tl^e assent of 
lord Hawkeshiuy and lord ^t. Vincent, a conven- 
tion, to continue during five years, declaring that 
'• no seaman, nor seafai ing person, should, upon 
!the high seas, amluItJiout tho jurisdiction oft'i- 
tbcr party, be demanded or taken out of anyj 
^lip, or vessel, belonging to the citizens or, 
'jghjects of one of the parties, by tlie public! 
,• private armed ships, or men of war, beloiig-l 
rgto, or in the service of, the other party; and I 
iiat strict orders should be given for the il'.U' ob-' 
•ervance of the engagement."^ This conven-j 
tion, which explicity relinquished iin])ressmentsj 
from American vessels, on the high seas, and j 
to which the British ministers had, at Orst, 
agreed, lord St. Vincent was desirous after- 
wards to modify, " statin,;, that on further re- j 
flection, he was of opinion, that the narrow; 
seas should- be expressly excepted, they hav-j 
ing been, as his lordship remarked, immeino-i 
riallv consii'.eretl to be within the domini(m oj'j 
Great Britain.'' The American minister, hovv-, 
ever, " having supposed, from the tenor of his 
conversations with lortTSt. Vincent, tliat the 
doctrine of mavp clausum would not be revived 
afi^ainst the United States on this occaMion ; but 
that England would he content, v/ith t!-,e limited 
jurisdiction, or diwninion, over the seas adjacent 
to her territor't^s, which is assigned by t!ie law 
of nations ia other states, was disapoointed, on 
receiving lord St. Vincent's communication ; and 
chose rather to abandon t!ie ncgociation, than to 
acquiesce in the doctriue it proposed to esta- 
blish. ''|| But it was still some satisfaction to re- 
ceive a formal declaration from the British gov- 



> 



crnmcivt, communicated hy its mmistsr at WuhIi- 
instun, alter t!ie rccumncncemeiit of the war i'l 
Kuriipi', whicli promisod, in circct, tn reinstate 
the practice of naval lilnckailes. iipon the princi- 
ples of tiie law (.i nadoiis ; so that no hlocicade 
should bo c'Kisidercd as eKistiii:;, -' utdosd in rcs-j 
pect of particular ports, ulilcli iniglit be actually 
invested; and, then, that the vesstils boiuid to] 
such ports should not he captured, iiidess they 
had previousIyho(>;i warned not to enter them."* j 
All tha precautions of the American govern- 
ment were, nevertheless, i;iertectual, and the as- 
surances of the British govLMnment were, in no 
instance, verified. The outrage of impressment 
I was again, indiscriminately, pc.-petrated upon 
the crew of every American vess'jl, and on every 
sea. Tiie enoririity of blockades, established by 
an order in council, without a legitimate ob- 
ject, arid maintained by an order in council, 
without tire application of a competent force, 
was, more and more, developed. — The rule, 
Jticiunnlnateci •- the rule of the war of 1756," 
was revived in an alTcctotl style of modera- 
tion, but in a spirit of more rigorous executi- 
on.! I'he lives, the liberty, the fortunes and the 
happiness of the citizens of the United States, 
engaged in t!ie pursuits of navigation and com- 
, -nerce, wcu-e once more subjected to the violence 
] ami cupidity of the British cruisers. Aiid, in 
brief, so grievous, so intolerable, had the afflicti- 
ons of the natiton become, that tiie people, with 
i oim mind, and one voice, called loudly upon their 
[government, fur redress and protection ;|^ the 
congress of the United States, participating 
in the foelings and resentments of the time, 
urged upon the executive magistrate, the ne- 
cessity of an immediate demand of repara- 
tion from Great Britain ;i| while the sam..' patri- 
otic spirit, uhic!» iiad opposed British usurpation 
jin 1793, and encounteied French hostility in 
1798, was again pledged, in every variety of 
[form, to t!ie maintenance of the national honor 
Jatid independence, during the more arduous trial 
I that arose in 1803. 



• nci: 111.- IcUi r ot .Mr. Mi-rrv, l.. iIj.- secutarj' of slule, ila- 

letl ill'-- iJili of April, ISOi, ani-I ihu onclosc-J cupy of » letter 

'iVom Mr. N.'pt-iii, til.' spc.et:iry of i!io a Imiialty, to Mr. 

Hmnmoiiil, tlie I'-riiisli tiii>ler secraHiy ol'suie f-n- foreign af- 

l..iu,dHtf '.Inn 5, IfiUi. 

f S V llip or ler-^ in council oft'ie '2ltf! June, '80?, am» the 
17ili of uiR. 1&C5 

i S. (• tiit: memoribls f>f lioiton. New York, Pliiladt'lphi;.. 

I llnltiMiDiv, Sc>-,. ()rcsc;nt<:d 10 cor\^rt;ss in llir. end of liiii ) ea. 

ISO.";, am! tlic bc^jiii'iiiig of ilie year ! SOO. 

i i; See tl.o rf(io!>ilioiis of (lie siirtte of the. United States, ot 

Hie IO!li M<1 14;li (if I'V-liruaiy, 801 ; and tlie resolution of the 

Iho'ifn; of rc(ires«iiir.tives i.f the Uniied Sines. 



Ajnulst these, scene, of injustice on the one 
"aM, Ami oi i-echimatjou on the other, the \mc- 
noa., goveruinei.t preserved its er.uaui,:;ity and 
it ir.nness it beheld much ia tU cnduct oi 
.. nee and u her ullj. Sp^io, to provoke repri- 
k'; • ^V/"^'.'^',"'^*''^ '" ^^^ c"'^^»''^-t of Great 
.. vod'/^' . '* '^'''^^•"^''■^'''3' (as h«d olten been 
<»v..vcd) to t!ve ast resort of arms. It beheld .n 

,ta.n, as tJ.e ot^ect of a declj^fc^ ^^ «'••- 

II could not but toehold .n the n.Ucy of Fra'ni'^ 

ithe strongest motive to acquire ti.e U Strt^s -T.' 

I an associate in the cvistmg conflict. Yet ' these 

cons.d.ration.s did not ther., more thar 'at arj 

ormer cns.s, suhdue the fortitude, or mislead 

hejudoment, ,:f the American goveVnme;?t,ut 

.n peuect cons.stencj with its neutral, as wcdi as 

It has been sho-.vn, that a treaty proposed, em- 

^ .lade.plaa, " as the meaasof dryin- ud every 
source of complaint, and irritatiL,°un^on h{ 
head of .mpressment," was " deemed ^uTterly 
inadmissibie " by the American government be- 

oDject.^ It has, also, been shown, that another 
treaty, proposed by the American' minister, a 
Lo«don was laid aside, because tne British ■go- 
vernment, whde it was willing to relinquish,fx- 
pre sly, impressments from Anvrican vessel, o^. 
the high seas, insisted upon an cxceDrion,in re-i 

iCti n ^r""'' '^'"^'"^'•5^' ^^^'S^t ^<l'uit of re- 
fent V ; ^ W"^^;-^ '-'^ a pecuniary equiva- 
lent y,.t, consulting the honor, and thefeelinirs 
fc hn/f";;- '' ^^^^^'^»P-^-^^ble to receive satit- 
taction for the cruelties of impressment, by any 



j J fsse Ml-. LisiO'i's /,tfp i, ,i, > 

hh. 4th of Fobrnarv, IsS- r^r, I th f.".'" V ,'^/' ^'^^'^' ^' 'ed 
Bccerajy .f scaU, to't!,r,"'esSl of S^Un^^h ^'•^'^^^'^^ ' 
tbf -Jiiil, of Feb,- arv, 1 J«b. ■ '''"' ^^^^"» ''at'^^^j 



^cans, than by au eatiic tliscoruiiiuance o( 
^ '".e. When, therefore, the envoys ex- 
\ // ^vere Tr[)point2d in the year 1806, to ' 
>^ with the Britis'i tuvciTiineut. every au 
/V^ was given, for the purposes <»f concilia 
«.*(!; nay, an act of congress, prohibiting tlic 
importation of certain articles of Britis'j nirjnu-' 
faCkirc into the United States, was surspenei •_•(], 
in proof of a friendly disposition ;1f but it was 
declared, that '• the suppreisiou of iir.preismant. 
and the deiinition of blockades, were absolutely 
indispensable;" and that, " without a provision 
against impressments, no treaty should be con- 
cluded." The American envoys, accordingly, 
took care to communicate to the Britisli com- 
inissioners, the limitations of their powers. In- 
fiuencod, at the same time, by a sincere desire to 
terminate the diSTerences bctvveenthetwynutions j 
knowing the solicitude of their government, to 
relieve its seafaring citiz.ens from actual suffer- 
ance; listening, with confidence, to assurances, 
and explanations of the British commissiouers, 
ill a sense fa orable to theii- wishes: and judg- 
ing from a state of information, that gave no 
immediate cause to doubt tin; su'diciency of 
those assurances and explanations ; tiie envoys, 
rather tluin terminate the negociatlon without 
any arrangeineot, wei-e willing to rely upon the 
efficacy of a substitute, for a ptsitive article in 
I he t!-eaty, to be submitted to th.e consideration of 
V\(^.\i- government, as thi>^, according to the decla- 
ration oi" tlie British commissioners, v/as the only 
arrangement, they were permitted, at that time, 
to propose, or to allow. The substitute v.as 
presented in the form of a note from tiie British 
commissioners to the American envoys, and con- 
tainetl a pledge. " that instructions had been 
given, and should be repeateil and enforced, for 
the observance of the <>;reatest caution in the im- 
pressing of British seamen ; that the strictest 
care should be taken to preserve the citizens of 
the United .States from any m destation or inju- 
ry ; and that immediate and prompt redress 
should be airorded, upon any representation of 
injury sustained by them."**" 

Inasmuch, however, as the treaty contained no 



IT S ■ ilic aol of Cf.ngrcss, pir.sdd (I 

ao'i til- !«ct suspeiuliiigit, passed i\u^ 1(1„ . ^, 

•• .Si-cj tlie note (ji' '. lie i> ill!'- '■;•••■•': ••iV'''^ 

NoveuU)cr. 1800. ^^c* 






pion.MOfi iUcaiiist iinpro-smeut, iiwfj L was sioii 
')>- the government, mIich the treaty ^vas under 
co:isi(|erati()n for ratiruation, that llie pledge 
contained ifj the sui).stitiite was not complied 
with, but. on tliecontrarv, that tlie impressments 
were Continued, with undiminished violence, in 
tie American seas, so lon^ after tlie alleged date 
ot the mstruc'tions, which were to arrest them; 
that the practical inefficacy of the substitute 
could not be doubted by the government here, the 
ratification of the treaty was necessarily declin- 
ed ; and it has since appeared, that after a 
change in the British ministry had taken place,' 
it was declared by the secretary for foreign af- 
fairs, tliat no engagements were entered into, on 
the part of his majesty, as connected with the 
treaty, except such as appear upon the face of it.* 
The American government, however, with una- 
bating solicitude for peace, urged an immediate 
renewal of tiie ncgociations on liic basis of the 
abortive treaty, until this course was pereinpto- 
rdy declared, by the British government, to bo 
" wholly inadmissible, 'f 

But, independent of tlie silence of the propos- 
jed treaty, upon the great topic of American com- 
plaint, and of the view which has been taken of 
ithe projected substitute; the contemporaneous 
ideclaration of the British commissioners, dcli- 
[vered by the command of their sovereign, and 
to which the American envoys refused to make 
themselves a party, or to give the slig'htcst de- 
gree of sanction, was regarded by the American 
government, as ample cause of rejection. In 
reference to the French decree, which had been 
issued at Berlin, on the 21st of Nove'uber, 1800, 
it was declared that if France should carry the 
ti.reats of that decree into execution, a-j 1^ if 
•• neutral nations, contrary to all expectation, 
should acquiesce in such usurpations, his majes- 
ty might, piobably, be compelled, however re- 
luctantly, to retaliate, in his just d^fence^and to 
adopt, in re;^ard to the commerce of neutral na- 
tions with his enemies, the same measun-s, which 
those nations should have permitted to be en- 



• See Mr. C.mniiig'a letter to the American envoys 
C7th October, 1807. ^ ' 

")" See the same letter. 



Jaled 



forced, against their cjinme.ce with his sub- 
jects :" " that his majesty could n>tetitLir into 
the stipulations of the present treaty, without an 
explanation from the (Tnited Stntoa of their 
intentions, or a re'^ervation on the part of !ils ma- 
jesty, in the case above mentioned, if it should 
•■vcr occur," and " that \vithout a f<>r.iial aban- j 
(ioament, or tacit relinquishment of the wnjust 
pretensions of France : or without such conduct 
and assurancce.^ upon the part, of the U. States, 
<v„ ch«n!d j^ive security to his maiesw, tiiat t:.<»y 
would not suDmit to the French innovations, i" 
the established system of maritime *aw, ii-.s ma- 
jesty would not consider himself bound by the 
present sl'^naLurc of iiis commissiouei-s, to ratify 
the treaty, or precluded from adopting such me££- 
sures as might seem necessary for coauteract- 
ing the designs of the enemy ."t 

The reservation of a power, to invalidate a so» 
lemn treaty, at the pleasure of one of the parties^ 
and the menace of inBieting punishment upon 
the United States, for the offjnces of another na- 
tion, proved, in the event.a prelude to the scenes 
of violence, which Great Britain vras then about 
to display, and which it would have been impro- 
per for the American negociators to anticipate. 
For, if a commentary were wanting to explain t!ie 
real dpsign of such conduct, it would be found 
in the fact, that within eight da)T, from the date 
of the treaty, and before it was possible for the 
Britis!i government to have known the effect of 
the Berlin decree on the American government ; 
nay, even before the American government had 
itself heard of that decree, the destruction of 
American commerce was commenced by the or- 
der in council of the 7th of January, ISOr, which 
announced, " that no vessel should be permitted 
I to trade froa\ one port to another, hotli which 
ports should .bi'hmg to, or be in possession of 
' France, or her allies ; or should be so far under 
their control, astii;<t British vessels might not 
trade freely thereat. f 

(to MK CO-TTINCED.) 



i S<;e th-- note o( iht; IliUi-.h couimissioDers, ihtetl (lie 31st 
nf D.'Ct!inher, 1806. is lc also, tUc auswer of Messrs. M'oiu-oc 
iin»l I'ii.kijcy to lh;it nolo. 

IpSee ilju'orJer iijcouucil of Janiiiry 7, 180?. 



STTW 



jRS^^t, 



OpTHK 

CAU.SES .I.M) CILlR^iarETi CV Till) LATE 

WAR nrni cuEjir URjijn.v. 

(ciif^TINirKll.) 

niiriiii!; ilic \,holc pp.riod of this Hf';;o(;iaton, 
wiijch did not i"n|;illj close until the Untisli '--o. 
veiiiinent declak'd, in the month of Octoher, 
1807, that neg(cialioii was no lon;rcr admissi- 
ble, the course pjrsued bj the ]Jiitish squadron, 
stationed more iminediatelv on the American 
coast, was in thcpxtreme, vexatious, piodatory, 
and hostile. Thb territorial jurisdiction of the 
United States, c.'ftendin;r, upon (he principles of 
the law of natloi^, at least a leaj-ue over the ad- 
jacent ocean, w* totally disreoinded and con- 
teiiined. Vesselsjemplo/ed in the coasting trade, 
or in thebusinesi of the" pilot and the fisherman, 
fel "''•i*'^*-'' «*' ^"cessant violence; their petty 
ca. ^ons vver, pk„.5«,ed : ami some of their ican-' 
tj cievvs were often, .nther impirssc-o, o.- wounri 
jed, or killed, by tAe force of Hritish fri-ates.— 'l 
[-British ships of var hovered, in warlike display, ' 
upon the coast; blockaded the ports of the V'n\.\ 
ie<\ States, so that liO vessel c.onid enter, or de-j 
ip;irt,^n s.ifety ; penetrated ihc bays and i-iv.ers, 
aiifi (^'en anchored in the harbors, of the L' nited ' 
■Stateij, to exercise a jurisdiction «f impr-iSiment ; ' 
threatened t!ie tov/n^, and villages with conflao-ra-i 
jtion- ^nd waitoniy discharged musketrv,'' as I 
i^el! a.^' cannos, upon the inhabitants of an open! 
jand urra-otected country. ■ The neutrality of the! 
(Ameridau territory wa.^ violated on every occa- 
[SioH,- aiid,atli,t, tl-.e American government was 
doomed to SLffer the greatest indignity which I 
could be olfcred to a ;;overeign and inile^pendent j 
, nation, mtlieever momorabie attack of a iiritishl 
j50gun ship,ii.r»der the countenance of the i'.riti^h^ 
(squadron, anchored within the waters of flic U 
otatcs, upon the frigate Chesapeake: p.-aceably 
jirosecutmg a distant voyag-. The British gov- 
vrnmeut auectcd, \'vo\n time to time, to di^ip- 
prove and condemn these outrages ; but the orH- 1 
ct-rs who perpvrrritc'i iiem were generally ap-! 
phuided: if tried, they were acquitted ; If re-! 
looved irpnUhe American station, it was only to' 
be promoted in another station; and if atone- 
ment were oifered, as in t\\Q fiagrant instance of 
t.ie innate Chesapeake, the atonement vvaXso un-i 



y;raci()us In tlie uianncr, and so tartly in the. ic-| 

suit, as ((> !>etray the waut of that conciliatory j 

spirit whicii ought to have ci-.anu ttiri/A'd it.* I 

Hut the AHicrican goveriimeiit, soothinj^ t!iei 

exasperated sj/irit of the people, by apruelama-i 

tion, which interdicted tlie entrance of all Bri-l 

tj&h armed vcssf Is, into the liarhors and waters of 

tiie United States,! neither connnenceii h(»s tilities . 

Ri^ainst Great Hritain ; nor sought a defensive' 

alliance with France ; nor relaxed hi itstirni.i 

hut conciliatory, eiVorts,to enforce the claims of, 

justice, upon tlie i-onor of both natiorrs. i 

The rival ambition of G. Britain and France, 

now, however, approached the consummation, i 

w]ilch.^nv')lvinu; the destruction of all neutral j 

ri;^lits. upon an avowed jbrincipie of action, could I 

not fail to render an actual state of war, compa-j 

ratively, more safe, and more prosperous, than 

the imaginary state of peace, to wiiich neutrals; 

were reduced. The ju)t and irapartial conduct! 

of a neutral nation, ceased to be its siiiebl. and 1 

its safeguiird, when tiie C!)nduct of the helliger-j 

e:it powers towarJs xincli oth.'r, becaniethc only | 

criterion of the law of war. *Tlie wrong commit- ' 

ted bv one of the belligerent powers, was thus 

made the signal, for the perpetration of a greater 

wrong by t!»e other; and iftlie American govern- 

jnent coiii])hiined to bot'i power:^, their answer, al- 

t!iough it never denied the causes of complaint, in- 

varial)ly retorted .in idle and oiVensive iuquirv-, 

uito the priority of their respective aggressions ; 

or each (li'manded a course of resistance, a'rainst 

its antagonist, which was calculated to prostrate 

the American right of self-^;o\ernnient, and to 

coerce the Uriite(l States, against their interG;?t 

j and their polity, into lieconiing an associate in 

'the war. Jiut the American government never 

|did,and never can, admit, that a belligerent 

|pov>er, "in taking si^is to restrain the violence 

: of its enemy, and to retort upon them the evils of 

then- own injustice,-'! h entitled to disturb and 

to destroy, the riy;hts of a neutral power, as re- 

cogni/.ed -.md established, by the law of nations. 

!t was impossible indeed, tliat the real ieat'ires 



• Seel'*: tvidenccof Uicse t'actJ reported to cousvess in 
November, ISOfi. ,. , ^ • 

See tne ildciimenls respecting capl.iin 1-ove, ot llic Driver ; 
ca'.itiin W'hiiby.ofilic Leainlci-; ami captai;) 

S, c.also, the conespoudeuce rcspecli-ii; li.e tngat'; Chcsa- 
p.akf, will. Mr. Cannii.u;, at Lomloi. ; with Mr. Uose at 
Avasliinsiion ; willi Mr. f.rskiiic. at WasUinston ; and with 
I t Sieo till' inoclaniation cf ihr '-M of July, 1807. 

I See tlur orders in coiincii nf llif 7ih ol January, 1S07. 



I of the ii!isc;illt'(l letiiliatory sj*<imu should bi! 
loii'^- masked from the world ; wlici Great Uvi- 
j tain, evcM ill h'.'r acts of piofesscd rctaliafion. 
declared, that Fiance was unable to execute the 
hostile dtMiniicialioiis of her decrees ;!| and when 
Great Britain herself, iinbhisliinglv, entered into 
the same coiniiierce witli her eneinj (tJirou!'!i the 
medium, of fDr^rories, perj^iries, 'and licenses) 
I'from which she had interdicted unoffendin;^ neu- 
jtrals. The pride of waval superiority; and the 
cravings 6f commercial monopoly ; gave, after 
t«.ll, tlie impulse and diii-eliuri to tlie councils of 
the British c:il)inot; while the vast, although vi- 
sionary, projects of France, furnished occa'^ions 
and pretexts, for accomplishing tlie objects of 
those councils. 

The British minister, residerit at Washing-ton, 
in tiie year 1304, having- distinciJy. recoi'-niz.ed, 
ill the name (d'his sovereign, the legitimate prin- 
;ciples of blockade, the American government re- 
ceived, with some surprise and solicitude, the 
successive notifications of the 9th of iu-ust 
1804, the 8th of April, 1806, and, more pardcu-' 
larly, of the IGth of May, 1S06, announcing, bv 
the last notification, "'a blockade of the ciiasi. 
rivers, and ports, from the river Elbe to tlie p;irt| 
of Brest, both inclusive. -'§ In none of the nntifi- i 
ed instances of blockade, were the principles, 
that had been recoga z.ed in. 1804, adopted .-ind 
pursuef>. and it will be recollected by all Eu- 
rope, that neither at tlie time of Uie notihcation 
of the iGth of May, 1806; nor at the time (d" ex- 
cepting the Elbe and Ems, from the operation of 
that notifi ation,-<^ nor at any time, during the- 
coatinuance of the Frencli war, was there an ade- 
quate naval force, actually applied by Great Bri- 
tain, for the purpose of maintaining- a blockade, 
from the riverElbe, to the port of Brest. It was', 
then, in the languag'* of the day. '<• a mere paper 
blockade;" > manifest infraction of the law of 
.nations; and an act of peculiar injustice to {he 
tnited States, as the only neutral power, against 
which it would practically operate. But whate- 
ver may have been the sense of the American "o- 



(I See the orc'ers in council ol lUr V'tli of .laiiuaij, 1S07. 

§ See lord Ifanowby's note to Mr. Monroe, (4ated the 9th 
of August, 1804, aiitl My. Fox's notes to Mr. Monroe, dated 
resi>ectivtly tlic 8th of Aiiril, and Ifith of May, I80G. 

^ See lord Howick's note to Mr. Monroe d.ited ihc 25th Sent 
2806, * 



vcinment on tho occasion ; anJ whatever \iivy\ii 
he. tlu'. (lisposUion, to avoid makirifi; this th' 
i^rouiul of an open rupture with Great Britnii). 
tlic case assumed a cliaracter of the highest inte- 
rest, when. indepcMideiit of its own injurious con- 
sefiuences, F'runce in the Berlin decree of tiie2]st 
of Ni)veniber, IBOG, recited, as a chief cause for 
placing- the Britisli islands in a state ofhh)ckade. 
" that Great Britain dechires hl()ci;ade'i, places 
before which blie has not a single vessel of w r ; 
and even places which her united forces would 
i)e incapable of blockading : such as entire coasts, 
and a wliole empire : an uneqi.all(!d abuse ot the 
right of blockade, that had no otiier object, than 
to interrupt the communications of dirterent na- 
tions ; and to extend the commerce and in- 
dustry of England, upon the ruin of those na- 
tions."* Tl-.e Aiuerican government aiujs not, 
and never has aimed, at the justilication, either 
of Great Britain, or of France, in their career of 
.crimination and recrimination : l)ut it is of some 
iinportai)i.c t<> ol^sorve, that if ti'.e blockade of 
May, 1806, was an unlawful binckatiojnud Iftlic 
riglit of retaliation arose with tlie fust unlawful 
attack, made bj abelligerent power upon neutral 
rights, Great Britaiw has jet to answar to man- 
kind, according to the rule of lier own acknow- 
ledgment, fur all the calamities of the retaliatory 
warfare, i'i'rance, whetiier ri;j,'at, or wrong, made 
the Britisli system of blockade, the foundation of 
the Berlin decree ; and France had an equal 
right with Great Britain, to demand from the 
United States, an opposition to evt.'ry encroach- 
ment upon the privileges of the neutral charac- 
ter. If is enough, liowever, on the present occa- 
sion, for the American government, to observe, 
that it p()Siie,s3od no power to prevent the framing 
of the Berlin decree, and to disciaun any tippiti- 
jbationof its principles, or acipiieaceiice m tis 
operations: for, it neitlier belonged to Great 
I liritain, nor to France, to prescribe to the Ame 
Irican goverinueiit, the time, or the mode, or the 
(U'gree, of resistance, to tlie indignities, and the 
outrages, witii which each of thosJe nations, in its 
tin II, assailed the \jjiited States. , ) 

But it has been shown, vmi after' the British 
igovernmo'it posses:ied a knowledge of the ex- 
Ustence of tin: Beflin deciec, it autlioriied the 



k 



%^ 



^ 



j conclusion ol tlie ticalv with tlic 'muNmI b<^ites,| 
vvliicli \v;is sio-ncd.iit TiOtulon, on the ;31bt oV De- 
ccinlH'r, loOG, reservinjr to itself a pover '4" an- 
nulliDj"; the tieuty, I<" Ftanre did not revoke, or if 
the United States, as a neutral po.ver.did nofre- 
si-st, the ohnoxious inea'-uie. It has. also, bet^n 
shown, that before 'Groat Britain could possibly 
ascertain t!ie determination of the United States, 
fin relation lo the Heriin decj-ee, the orders in 
Icourici! ofthc Ttli of January, 1807, were issu.>d, 
Iprofes-iln^j to be a retaliation against France^ 
j'; at a tiii.e w'lcn the fleets of France and her al- 
lies were theniselves co-jfined within their own 
ports, by the superior valor and discipline of tlve 
British nav^,"t but ope;-atin;;, in fact, agairfst 
the United States, as a neutral power, to prohi- 
bit t'-.eir trade '- iVom one port to another, both 
which ports should b'elonj^ to, or, be in the pos- 
session of, France or her allies, or should be. so 
far under their control, as th.-it British vessels 
might not trade freely thereat."! It remains, 
however, to be stated, that it was not until the 
12th of Max^ch; 1807^. that the British minister, 
then residing at Washini^jton, cornmunicated to 
the American .government, in the name of his 
sovereign, the orders in council of .Tanuary, 1807, 
with an intimation, that stron;:rp,- measure's would 
be pursued, unless the United Stites sliould re- 
sist the operations of the Berlin decree. t At the 
nu)inent,jhe Bristis'i s^overninent was reminded, 

i'that with.in fJie JKM-iut! of thuce gioat <»v«u/5i. 

which continued to agitate Euro;x>, instances had 
occurred, in which the commerce of neutval na- 
tions, more especially -if' the United States, had 
lexperH-.nced the severest di.<trc;sse3 from its own 
orders and measures, manifestly unauthorized by 
the law of nations;'' assurances were ,^iven," tha't 
no culpible acquiescence on the part of the 
United States would render them accessary to 
the proceedings of one belliscicnt nation, through, 
thefr rights of neutrality, against the commerce 
of^ itS; adversary :'' and' the ri^ht of Great Bri- 
tain^ to issue such orders, unless as orders ofj 
blockade, to be enforced according to the law of! 
nations, was utterly denied. :i I 



' ^ See the IJeWin decree of tfo Stst of JiTovember, 1 806. 

T^te the order in council nfthe 7th ot'Jaiuiarv, 1807. 
Li .o*: ^l';fi>-ski lie's letter to tiie secretary oV state, datoel 
tlie I2J» ot March, 1807. 

fi " onl ^^^ =eci-et:uy of state's letter to iMr. Erskine, dated 
the '.JOlh ot Match, 1 807. 



This oauiliil aiul cx[)iicit avowalof the senti- 
ments of'tlio American a;overntnpnt, uporran oc- 
casion, so novel and iinport.mt in live history of 
nations, iliil not. iiouever, make iis^just impres- 
sion upon the British caljinet : i'nv, M'it!ioi\t as- 
Ni'^niny aiiv' now pruvocation on the part of 
France, antl cjniplainin^;, merely, t!iat neutral 
powers had not been iiulnced to interpose, with 
ciiect, to obtain a revoi^itlon of the Berlin de- 
cree, (wliich, however. Great Brl'aiin herself liad 
afllrmeil ti> '<>& a decree nominal and inoperative,) 
the orders in council of the 1 lt!i of November, 
]Si)T, were issued, declarinj^, " that all the ports 
and places of France and her allies, or of any 
other country at war with Ids majesty, and all 
<»thcr ports or places in Europe, from which al- 
though not at v/ar with Ills ni-ycsty, the Biitisli 
Hag; was excluded, and all ports or places in the 
colonies be!on;>iuis; to his majesty's enemies, 
should, from (henceforth, be subject to the same 
restrictions, in point of trade and na^is;ation, as 
if the same were actually blockailed by ids ma- 
jesty's naval forces, in t!ie most strict and ri- 
gorous manner:" that '• all trade in...jji.r tides 
which were the produce or manufacture a; fuesa d 
conntries or colonies, should be doomed and con- 
sidei'rd to he nulawl'ul:'' lint that neutral ves- 
sels should still be permitted to tiade with France 
from cert;'.in free port«. or through ports ;iiid places 
of the Britisli dominions. § To accept the lawful 
enjo^'mcnt of a :i;vht, as the grant of a supe- 
rior : to prosecute a lawful commerce, under 
t'ne forms of favor and indulgence; and to pay a 
tribute to Great Britain, for the privilege of a 
lawful transit on the ocean : were concessions, 
which Great Britain was disposed, insidiously, 
to exact, by an appeal to t'ne cupidity of indivi- 
duals, but which the United States could never 
yield; consistently with the independence and 
sovereignty of'the nation. The orders in council 
were, (liprefore, altered, in this respect, at a sub- 
se'jueut period ;'|I but the general intenlict of 
neutral comnicrce, .applying, more especially to 
Ameiican commerce, was obstinately maintain- 
ed, against all the force of reason, of remon- 
jstrance, and of protestation, en)ptcD'e<l by the 
American goveinment, when t\\t SJibjcct was 
presented to its consideration, by th4^Bi-itish 
minister residinLT at Wasrhin 'ton. The fact as- 



^ -"^ue the orilei-s in council of the llili of November, 1807. I 
1! See Mr. Cauninir's leiler to Mr. I'iuknev. 2.^(1 fVhruary, 
180^. 



^"n-.ed as the basis of the orders in council v.m 
'nicqu.vocallvd.sowi.ed ; un<l it wa.s .ie.n.i.strat- 

I Jitcd states had acr,uiesced in the illfi-al one- 
ntt.ono the UeHia decco, it was not even Jfue 
that attae date of the liritish orders of thellth 
ot November, 1807, a sin^rle application of that 
Uecrce to the commerce of the United States, on 
the tu-a seas, could have been known to the 
l»ntislj government;" while the British govern- 
ment had been o/Ticiallv informed by the \me- 
ncan nnnister at J.ondJn, ^- that e/planations, 
uncontradicted bj any overt act, ha.l been {jivon 
to the American minister at Paris, which ji.stifi- 
ed a reluiiice that the French decree would no^ 
be pijt HI force against the United States.-* 

llie British orders of the llth of November, 
180, , were quickly followed by the French de- 

ip'l"! ^Y-'f"' ''''^'^' ^''^ ^'^^' "f December, 
IbO, , « which was said to be resorted to, only 
in just retaliation of the bari.arous system adopt- 
ed by England,'' and in which the denationaliz- 
£ or-lTV*^ ^-'^^ l^'-^'^'-^' '^'»ade thefounda- 
sMn L 'V ;"" ' ? tl>e.d.cree, '^ that every 
i'hip to whatever nation it migiu belon-, t!iat 
should have submitted to be searchetl by ah Eih.- 
hsh ship or to a voyage to England, or shoufd 
have paid any tax whatsoever to the En-lish 'Go- 
vernment was thereby, and for that alone, de- 
clared to be denatio: ali/.ed, tu have forleited thQ 
protection ot its sovereign, and to have become 
.ng-lish property, subject to capture as g..od and 
lawiul prize ; tku tiie British Islands were plac- 
ed in a state of blockade, both bv sea an.iland 
—and every ship, of whatever nation, or uhat- 
ever the nature <,f its car o might be,' that sail* 
rom the ports of England, or those of the En"--' 
lifih colonies, and of the countries occupied }?« 
English troops, anti proceeding to England, or to 
t!ie English colonies, or to countties occupied by 
i^ng.ish troops, should be good and lawful prize : 
but that the provisions of the decree should be 
abro-ated and null, in fact, as soon as the 
English shpnld abide again by the principles of 



'the law of nati( 



?, uir^th are, also, the piin- 



^•; 



Iciples of justice and hono;-."t In opposition! 
I however, to the Milan decree, as well as to 



See Mr Erskino'sMettei- to the secpetaiy of state, dated 

2'2(1 of Febniaiv, 18(i8; and the answer of the seci-etaiy of 
stale, datetl the -iaih of .March; 1808. 
j t .See t!ic Aliian decree of the 17th of December, 1807, 



the i3er!in decioe, the A;ucric;m goveiument, 
"sticuaously ami unceasingly eini^loyBiI every in- 
[Strunient, except the iustiu mints' of war. It 
{actod precisely towafds Fr.ince, as it acted to- 
Uvaitls Great Biitairi, on similar occasiuns ; hut 
I France remaimMl, (or a time, as insensible to ti»e> 
'claims of justice and honor, as Great Britain, 
each imitatiu;^; the other, in C\Uavaj;ance of pre- 
tension, and in ohstinacv of purpose. 

Wiien the Auieiican j^overnmcnt received in- 
(cliiiience, that the orders of the 11th of No- 
yc'.nboi-, 1 807, ha been under the consideration 
of the British cabinet, and \\ere actually prepar- 
ed for ])rouuil2;ation, it was anticipated that 
Franco, in a zealous prosecution of the retalia- 
tory warfare, would soon produce an act of, at 
reast, ecjiial injustice and liostility. The crisis 
existed, therei'ore, at which the I'r.ited States 
were compelled to decide either to withdraw their 
seafarinsi; citizens, and their commercial weidth 
from the ocean, or to leave the interests of the 
mariner and the meichaMt exposed to certain de- 
struction ; or to cn2;au;e in open and active war. 
for the ]):o(cctlon and defencti of those interests. 
The piinciples and the liahits of the American 
gOTerament, were >till disposed (o neutrality and 
peace. In weighinjj the nature and tha amount 
(?!" the au;gres5ion , which had i)een perpetrated, 
or wliich were tlireatened, if there were any pre- 
jiondcrance to determine t!ie balance, against one 
of the belligerent powers, ratlu^r thoa the other, 
as t]i« obj^'ct of a dcclaiation ul' war; U wa& 
auainst (Jreat Britain, at least, upon the vital 
interest of impressment; ai»d the ol>\*'ious supe- 
riority of her naval means of annoyance. The 
P'rench decrees were, indeeil, as obnoxious ia 
their formation and design as the British orders : 
but the ji'ovcrnuiont of France claimed ai>d exer- 
cised no right of impressment ; and the maritime 
spolia(io;!s of Fran, e were comparatively icstrict- 
od, notonly by her own weakness on theoGcan,but 
by'the constant and pervading vigilance of the fleet* 
of her eneriiy. The diJliculty of selection: the 
indiscretion of encountering, at once, both of the 
oli'ending powers ; and, above all, the hope of an 
earlv retur-n of ju.-.rice, under tiie dispensations of 
the ancientpu!)iir law, prevailed in the councils of 
till! American irovernmcnt: a'.id it was resolved to 



^ 



i 



fl' ■ r"'."^>''vat!()n ot its ncii<,alitvau.J iu 

peucL- ; 01 Its citr/.ens, and it., resources ;'by ivo 
liiiitary suspension of the co.a.ncrce and navi-a' 
tiou ot tl.e L . States. It is true, ti.at lor the mi- 
iTior ontra-cs coinniitted, under the pretext of the 
rule o( M'arol ]r.)(3,tho citi/.eus of evervdenoini- 
nation had .le.nanded from their -overn.nent, in 
j the year 1805, proteciion and rr-.l,-,.>, , u i^ irao 
fon^-^ "i^'"" "''M^'-i'-iIleled enormities of the year 
jlBJ. , the citizens of every denomination a-ain 
Ideinanded trom their -rovernment protectionlind 
iredregs ; but it is, also, a truth, conclusively es- 
itabhshed oy every manifestation of the senbc of 
the American |>e(,plc, as well as of their govern- 
ment, that any honorable means of protectiou 
and redress, were preferred tf> the last resort 
ot arms. The American ^n>vernment midit hon- 
ol-a!>Iy retire, for a time, from a scene of conflict 
and calhsion; but it could no lon-er, witli hon- 
or, permit its flae; to be insulted, its citizens to 
oe ens aved, and its property to be plundered, oH 
the Highway of nations. 

Under these impressions, the restrictive sys- 
tem ot the United >States was introduced. In 
becember, 1807, an embar^-o was imposed upon 
all Ame.ican vessels and merchandise:! on prin- 
ciples similar to those, which 9ri2,inated and re"-- 
ulated tiie embaro-o law, authorised to be laid b\ 
the president of the United States, in the year 
^IJ' '^\'.^ ^"^^'^ afterwards, in the genuine spirit 
of the policy, that prescribed t\n^ measure, it wae 
declared by la.v, « that in the event of such peace, 
or suspension of hostilities, between tlie belliger- 
ent powers of Europe, or sucii changes in their 
measures nftecting neutral commerce, as min-ht 
render that of the United States safe, in the 
judgement oftlie president of the United States, 
he was authorised to suspend the embar-ro, in 
whole o:- in part."!| The pressure of the embar- 
;go was thought, however, so severe upon every 
part of the community, that the American o-ov- 
ernment, notwithstanding the neutral character 
of the measure, detei mined uptui some relaxa- 
tion ; aiul, accordiiigiy, the embargo boino- rais- 
ed, as to all other nations, a system of non-inter- 
course and .ion-importation was substituted iu 
March, 1809. as to Great Brititain and France, 
which prohibited all voyages to the British or 
I French dominions, and "all trade in articles of 



* See the act of congress, passed tke 2?d Dec 1807 
II See the act of conRies*, pajjed the 22J of April, 1808. 



British or French product or manufacture.** But 
still adlieilng to the neutral and pacific jjolicy o' 
the goveriii' ■ t. it v.as declared, '• that the pre 
sident of tlie l uitod States should be authorised 
in case either France, or Great Britain, shoul 
so revoke, or modify, her -diets, as that t!ic 
should cease to violate the neutral commerce of 
the United States, to declare the same by procla- 
mation ; after which the trade of the United 
States miirht be renewed with the nation so do- 
ing."* These appeals to the justice and the in- 
terests of the belligejent nowers proving inettec- 
tual ; and the necessities of the country increas-j 
ing, it was finally resolved, by the American 
government, to take the hazards of a war; to re-| 
voke its restrictive system ; and to exclude Ih-i-j 
tish and French armeil vessels from the harbors, 
and waters of the United Stales ; hut, again, em- 
phatically to announce, '• that in case either G. 
Britain or Frahce should, before the 3d of March 
1811. so revoke, or modify, her edicts, as that 
they should cease to violate the neutral commerce : 
of the United States; and if the other nation 
should not, within t:uee months thereafter, so i 
revoke, or m.idifv, Uei edicts, in like manner," 
the provisions of the non-intercourse and non-im- • 
portation law sliould, at the expiration of three I 
months, be revived against the nation refusing, 
or neglecting, to riivoke, or modify its edict. f i 
In the couise, w'lichthe American government' 
had hitherto pursued, relative to the belligerent 
orders and di'cress,the candid foreigner, as well 
as tlio patriotic citi/,en, may perceive an extreme 
solicitude, for the jpi^eservation of peace ; but 
in the publicity, and impartiality, of the over- 
ture, that was thus spre:id before the belligerent 
powers, it is impossible, that any indication 
should be found, of foreign influence or control. 
Theoveiture was urged upon both nations for 
acceptance, at the same time, and in tlie same 
manner ; nor was an intimation withheld, from 
cither uf them, that '• it might be regarded by 
the belligerent first accepting it, as a promise to 
itself, and a warning to its enemy.' | Each of 
the nations, from the comsnencement lof the re- 
taliatory system, acknowlcgod, that its measures 
were violations of public la.v ; and each pledged 
itsalf tu letract them, whenever the otlier should 
set the example. II Although the Am.Mic;;n gov- 



•^ 



ernmcnt, therelorp, peisisted iii its iciuoiistiari- 
ces against the ori}i;irial tr.'iii>2:tc's.sif)ns, witliout 
regard totlie fiuestioiioftheii- i>ii(»ritv, it i-mbiac- 
«(t, with eagcrriL'.ss, every ii<»l><' <>* I'ectiticiliiifr tiie 
interests oftlie rival p(j-.vei>, witli aportonuanceof 
tlieduty vvhicli tliey owed Ut V.\c rieutraltliaiattcr 
•ot'tlii' U. Stiite.'' . anil wlieii the lirilish minister, 
rosiciingat Wasiiirioton,in the year 1809, altirn;- 
ed, iH terms z% plain, am! <vs positive, as lau;^.:a'>^e 
could supply, " that he v^a. antf'orixed to de-, 
dare, that his Britannic majiistys.T.Ierft in coun- 
cil of January and November, 18U7, will have 
been witiidrawn, as respects the UaitL'.l Stat<:s. 
on the 10th day of J>xne, 1809,"' the president of 
the United States hastened, with approved lihe- 
:rality, to accept the declaration as conclusive 
evidence, that the promised fact would exist, at 
i:I;(i stipulated period ; and, by an immediate pro- 
chiination, he announced, " tliat alter tiie 10th 
•day of June next, the trade of the United States 
with Great Britain, as suspended by t!ie n )n- 
in tercourse law, and by the acts of cunjrcss lay- 
in g and enforcing- an embargo, might be renew- 
«riL"§ The Ameiican government neither asked, 
nr 11- received, from the British minister, an ex- 
«rnplification of his ffoUers; an inspection of 
Jiifi instructions; nor the solemnitv of an order 
in, council: but executed the compact, on the 
pi irt of the United States, in all the sincerity of 

U * own lutentloiis : aud in all t!.a oonfiuouca. 

-* hich the official act of the renresentative of his 
Bi-itannic majesty, was calcuhited to inspin .— 
^l)eact, and tlie authority for the act. were, 
hovvever, disavowed by Great Britain: and an' 
attempt was made, by the successwr «f Mr. Ers 
kiiie, through the aid of insin-iationg, which were 
indignantly repulsed, to justify the British re- 
jection of the treaty of 1S09, b> referrir,- to the 
Anterican rejecxion of the treaty of 1S06; for- 
getful of the essential points of di.Tercncc, that 
the British government, on the former .)ccasi(m, 
halbeen explicitly apprized by th.e American ne- 
godators of their defect of power; and that the 



** See the set of < ,mgi-ss, jiHsscd the first dav of March, 1S09 
. bee tlv; lllh section ofixe lastciiiid uc. ntcn - pss 
T See the act of coiigi-esa, passed the first nt' l>i. v, ixiO 
*See the corresi.nndence l.etween the Hlfcetar ^fsUile.and 
tlie Amencjin ministers at London and t'a^s. | 

II See the dooianei.ts laid hefore congress from time to time 
oy the president, siid printed 

§ See the cdi-r«spondeace between Mr. Erskine the Bri- 
Vn!\-""r°'f *''■?, '^°'' '''® •ecretaty of state, on the l/th, 18th, and 
19th of April, 1809; and the president's proclan.ation 'f the 
last date. - . 



•♦execution ot the projected treaty liad nut, on 
I'itlier side, been commenced.^ 

.A.fter this abortive atte-upt to obtain a just and 
hoHQrable revocution ot the British orders in 
»:ouncil, the Uuit^fi Statoa-werc a(5ain invited to 
indulj^e the h'.pe of safety and' tranquil 'ity, 
\vhe)i the minister of France aauounced to the 
Aaierican laiu-isler at Paris, that in consideration 
ofthe actof tiie 1st of Mav, 1809, bj v.hlcH tlie 
■congress of the United States " ervgaged to opir 
pose itacirt*. t^nt one of thje boUi'rerent powerj< 
vv'hich should rel'usc to acknowlege tne i^^ii'.-y -.-ij 
neutrals, he was authorized to declare. tEat the-' 
decrees of Berlin and Milan were revoked, and- 
that after the 1st of November, 1810, they would 
•cease to have eifect ; it beinj^ understood, that- 
in consequence of that declaration, tlie English 
should revoke their orders in c mncil, and re- 
nounce the new principles of blockade, which 
Ihey had wished to establish; or that the Uni- 
ted States, conformably to the act of con^^ress, 
should cause their ri;;hts to be rei-pected by the 
English."tt I'bi.^ declaration, delivered by the j 
official organ of the government of France, an'd I 
in th« presence, as it were, of the French sove-l 
Teign, was ofthe highest authority, according to 
all the rules of diplomatic intercourse; and.cer-j 
tainly? far surpassed any claim of credence,! 
whicli was possessed by the British minister, re- 
siding at Washington, when the arra".gement of 
the year 1809, was acce[«*;ed and executt^d by the 
American '.government. The president ot the 
United States, therefore, owed to the coniistency 
of his own character, and t» the dictates of a sin- 
cere impartiality, a prompt acceptance of the 
French overture : and, accordingly, the authori- 
tative promise, that the fact should exist at the 
stipulated period, being again admitted as con- 
clusive evidence of its existence, a proclamation 
was issued on the 2d of November, 1810, an- 
nouncing " that the edicts of France had been 
so revoked, as that thev ceased, on the 1st day of 
the same month, to violate tliC neutral commerce 
of the United States ; and that all the restric- 
tions imposed by the act of congres, should then 
5:case and he discontinued, in relation to France 



1 Sec the correspondence between the secretary of slate, 
•nit Mr. Jackson, the British niinisler. ' 

f\ Seethe «lake de Cadore's lettcf to Mr. Arm9|ro»g, dated 
theSUtof Augutt, 1810. 






1^ 



ism' 

■H See the pi-tsidoiu's proclamation of the 2(1 of Nov 1810. 
* Sciithe act of consjicBs, passed thtSa of March, 1811, 



and her (lepcndcncics.-'tt That France, Ironi 
this cpocli, relruiucil Iroiri all an^i^rcssionB on the 
■ \'^}\ seas, or even in her own ports, upon the per 
-dusand the property of the citi/,en3 of the U. 
■^ites, never was asserted ; but, on the contrary, 
-•r vidlenee and her spoliations have been iiii- 
ceasin'^ causes of coniplaint. Tliese subsef|uerit 
injuries, constitutin<^ a part of the existing re- 
clamations of t!)e T7iiited States, were, always, 
however, disavowed by the French 'government; 
whilst the repeal of the Berlin and Milan decrees 
has, on every occasion, been aOirmed ; nisoinuch 
that Great Britain herself was, at last, compel- 
led to yield to the evidence of the fact. 

On the expiration of tliree months from the 
date of the president's proclamation, the non-in- 
tercouse and non-importation law was, of course, 
to be revived against Great Britain, unless, du- 
ring that period, her orders in council should be 
revoked. The subject was, therefore, most anx- 
iously and most steadily pressed upon the justice 
and tlie magnanimity of the British government ; 
and even when the hope of 'im-mc-u o«p;.t>t, oy 
Uio laj/a^ yA' the period prescribed in orie act of 
congress, the United States opened the door of 
i reconciliation by anotlier act, wiiich, in the year 
1811, again provided, that in case, at any 
time, " Great Britain should so revoke or modi- 
fy her edicts, as that they s!)all cease to violate 
the neutral commerce of the United States : thd 
president of the United States should declare 
the factby pr(»claination ; and that the restric- 
tions, previously impose*!, should, from the date 
of. such proclamation, cease and l)e discontinu- 
ed."* But, unhappily, everv appeal to the jus- 
tice and magoanimitvof (ji-eat Britain was now, 
as heretofore, fruitless and forlorn. She had, at 
this epoch, impressed fr.)iii the crews of Ameri- 
can erchant vessels, peaceably navigating the 
high seas, not less tlian six tliousand mariners, 
who claimed to be citizoiis of the United States, 
and who were deiiiud all opportunity to verify 
their claims. She had sei/.eil and confiscated 
the commercial propeity of American citizens, 
to an incalculable amount. She had united in 
the enormities of France, to declare a great pro- 
portioti of the terraqueous glabe in a state of 
blockade ; cliasing the American merchant flag 
etVectaally frum the ocean. Sheimd contemptu- 
oisly disregarded the neutrality of the American 
territory, and the jurisdiction of the .\merican 
laws, within the waters a;id harbors of the Unit- 
ed States. S!ie v.-as eujfrving the cinoluments of 
a surreptitious tiade, stained with every species 
of fraud and corruption, which gave to the belli- 
gerent [towers, t'.ie advanfau,'-- » f jioaco, while 



t S ih<: I.. I 
1 !• Si:, the Ci r 
Mr. Foster, the 



tiiejHjuii-ai p'Hvers were invoiveu m tiie evii^oi 
uar. She iiad. ill short, iisurf;0(i uui] exercisi'd 
ou tlie water, a tytantiy siiiiilar to tliat, which 
her great aiitaijoinst had iisiiri>ed and cxerciscil 
upon t!iL' laud. And, amidst all the-<* prool's of 
am'oiticji, and avaiic;;, she demanded that the 
victims of her usurpations aud' her violence, 
■should revere her as the sole defender of tiie 
riglits and liberties of mankind. 

When, tiierefore, Great JJritain, in manifest 
vlolatiunof her t<;)leniu promise?, refused to fal- 
low the example of France, by the repeal of her 
orders in council, the American govermiient was' 
compelled to contemplate a resort to arms, as 
Itheonly remaining; course to be pursued, for its 
Ihonor, its independence, and its safety. What- 
ever depended upon the LTnited States themselves, 
the United States had performed for the preser- 
vation of peace, in resistance of the French de- 
crees, as well as of tiie British orders. What 
had been required fro;u France, in its relation 
to the neutral character of tlie United States, 
Prance liad i»crforme'.i, by the revocation of its 
Berlin and .M.Ian decrees, iiut what Uepoi^dea 
upon Gi.'at Hiiiain, for the purposes of Justice, 
in the repeal of her orders in council, was with- 
held; and 'itu- evasions were sou;^lit,'\vhen the 
old were exhausted. It was, at one time, alleg- 
ed, that satisfactory prwof was not aftbrded, tiat 
France liad repeaied her decrees against the com- 
me:ce of the United States : as if such proof 
alone were wanting, to ensure the performance 
of the Britisii promise. t At another time, it 
was insisted, ti.atthe repeal of the French de- 
crees, in the-r opeiation against the Unitad States 
in order to authorise a demand for the perform- 
ance of the British promise, must be total, ap- 
plying equally to their internal, and their ex- 
ternal cft'ects"; as if the United States had either 
the right, or the power, to impose upon France 
the law of her domestic institutions4 And it 
\va:, finallv, insisted, in a despatch from lord 
Ca>tlereagh to the British minister, residing at 
Washinoton, in the year 181^2, wliich was official 
ly courHiinioated to' the American government, 
''t'uAt ti ed(creesof Berlin and Milan must not 
'ne repealed sin;;iy and speciaily, in relation to 
t'le United Stales; hut nmst he repealed, also, 
as to alt other .neutral nations ; and that in no 
less extent of a repeal of the French decrees, 
!iad fh(- British government ever pledged itself to 



I 'spomkiicc lietwei:ii Mr. I'inkncy uiid Uie 

• T-. ol" Mr. Ki-tkine. 

f.iiorulenceljc'lwtcn tlie »ecrf taiy of state and 

Uniiih iniiiisier, in Juac, 181'2. 



repeal the orders in council ;"ll as if it were in- 
cmi;bent oa the United States, not oidy to assert 
lu'v <.wn rights, but to become the coadjutor of 
tht 0. ': I 'overtiment, in a gratuitous assertion 
of thii - 'I all -other nati(»Ms. 

(TO UK CVJfTl^UKn.S 



'rrF.suAr....MAficii CI, 1816. 






AN EXl'OSITION 

OK TilB 

C.lU.'^r.S .lyji CHAIl.lCTKU OF r.'lK LATE, 

n'.ifi ivnii njni.rr nuirAix. 

(cii.\rij(iiti».) 

Tlie congre^^s of til'; United States could pause 
no longer. Uader a deep ai^d alMictiug sense of 
tbe national wrongs, and Llie nafioiial resentments 
— while tliey " postponed ilefmitive measures 
■.Aitli respect to France, in tha expectation that 
the result of unciosed diHcussiori;^, l.-etwoen t!ie 
American minister at Paris, an:.l the Frencii ;;;()•*- 
rrnmcnt, would Hj)eedily cnabJo tacin to decide, 
with greater advantage, on tlie course due to tl.e 
rights, the interests, and the honor of t.he coun- 
try;*'* they pronounced a deliberate ami solemn 
dbclaratioti of war, between Gr;:it Britain and 
the United Elates, on the 18tli of Juno, 18Ii2. 

But. it is in the face of all the facts, wiiicii have 
been displayed, in tiie present na;rative, th.it tlie 
prince regent, by his declaration of January. 
1813, deycribes th« United States as tlse aggres- 
sor in the war. i\ the act of declaring war, con- 
stitutes, in all cases, the act of oriixinal a<rgres- 
sion,the United States must suhiait to .the seve- 
rity of the reproach : but if the act of declaring 
war may be more tiuly considereil. as t!ie result 
of long sullering, and necessary self defence, the 
American government will stand acquitted, in 
the siglit of lleaveu, and of the world. Have 
the. United States, then, enslaved the subjects, 
confiscated the property, prostiarod the co.n-. 
nierce, insulted the flag, or \it»|;*.i^*J tU^Aonitri- 
rial sovereignty of Gretit Britain: No: but, in 
ail these respects, the United States had suH'er- 
cd, for a long period of years, previously to the 
declaration of w^, the coutumel v am) outrage of 
the British government, it has been said.^too.l 
-as an ao;gravatioi> of the imputed a;rgression, that 
ine. United States chose a period, for their decla- \ 
ration of war, when Great Britain was struggling 
for her evvn existence, against a power, whici)', 
threatened to overtlirow the iiulependcnce of alJ 
F>urope ; but it might be more truly said, that the 
United States, not actin;:: upon choice, but unon I 



• See the presldeni's messaite of tlie 1st .Time lRt2: and (he, 
rtpoi-t of 1 ht- c .miiiittce cf loi cign relatioi s, lo whom the n4es- 
saue was ivfenc'd. -.- _ , , -^ . ; ■^ ,:l i,' 



coin pulsion, delajed the declaration of war, un- 
til the j)or^>ccuti(>ni of Great Britiiiu had iv^ndor- 
ed furtlicr delay destructive a:id dis'2;racorul. G. 
jiritain had converted the coinnu'.icial sccMies of 
American opulence and pi-o~perity, into scenes 

of eomparalive poverty and distress ; she had 
brouo-ht tl;e existence of tho United .States, as an 
independent nation, into question ; and, surely. 
it must have been indilVerent to the United States, 
■whether they ceased to exist as an inilependenl. 
nation, by her conduct, while she proi'essed 
friendship, or by her conduct, when she avowed 
enmity and lovenge. Nor is it true, that the 

existence of Great liritain was ia danger, at the 
epoch of the declaration of war. Tlie American 
governmiiot uni!'ornily entertained an opposito 
opinion ; and, at all tijncs, saw mote to appre- 
hend for tlie United States, frwu Iier maritime 
power, than from the territorial power of her en- 
cmv. The event has justified the opinion, and 
the apprehension. lint what the United .States 
asked, as essential to their ueliare, and even as 
benelkial to the allies of Great Britain, in the 
European war. Great Britain, it is manifest, 
might have granted, without impairing the re- 
sources of her own strength, or tlhe iplendor of 
her own sovereignty; for, her ocders in coun- 
cil have heen since revoked ; not, it is true, as 

he performance of her promise, to follow, in 

nis lespcct. the example of Fi-ance, since she fi- 
lially rest-.d the ouligation of that promise, upon 
a repeail of the Fi-ench decrees, as -to all nations ; 
and the repeal was only as to the United States : 
nor as an act of national justice towards the U. 
States: but, simply, as an ast (.f domestic poli- 
cy, for the special advant;\ge of her own people. 
The Britisli government has, also, described 
the war, as a war of aggrandizement and con- 
quest, on the part of the United .States; but, 
where is the foundation for the cliarge ? While 
the American goveinment employed every means 
to dissuade t!ie Indians, even those who lived 
within the territory, and were supnlied bv tlie 



boiiiKy, of tl»o [Sniiiid Sfutes, IVoi'ii lakiti-r any 
I-;utin tiie war.ttlio proofs wcie im'sisliole', tliaf 
.the enemy imrsucd a very diftcM-ent ci.ur.so;i and 
( lliat evi'iy luccautictn would be iiocessarv, to pte- 
vciit the eilccls of an olleiisive alliance.' betucen 
the Brilish troops and t.h«; sa\a:,a\s, throuMiout 

thcfior'hein fi ontifi- of to*- I'nited States? 

The. military occupation of Upper Canada* was 
therefore, deemed indispensable to the safetvof 
that frontier, in the carlict movements of 'the 
war, iiidepeiidcMU of all views of exlendin«r the 
territorial boundary of the United States. *J5ut, 
when war was declared, in resentment for inju- 
ries, which had been sufibred upon the Atlant-c 
what principle of public law, what modilication 
of civdized warfare, imposed upon the U. States 
the doty ot abstainin;.- from the invasion of the 
Canadas ? It uas tiiere alone, that the United 
States could place themselres upon an equal foot- 
ing of military force with Great Britain ; and it 
was there, that they might reasonably encouraf^e 
the hope of being able, in the prosecution ot^a 
lawful retaliation, " to restrain the violence of 
the eueiny, and to retort upon him, t;ie evils of 
bis own injustice." The proclamations issued 
by the American commanders, on enterin-r Up- 
per Canada, have, however, been adduce.l h'v the 
British negociutors at Ghent, as the proofs of aj 

spirit of ambitiun uiul ag^raiidiieinent. on the 

part ol their goverui^nent. In truth, tU- nrocla- 
fflations vver« not only unauthorised and disap- 
proved, but were infracti(ins of tiie positive in- 
fetruct,ons, which ha<l been given, lor the conduct 
of the war m Canada. When the general, com- 
manding the north Mestern army oV the United 
btates, j-ecei ved, on thy 24th of June, 1812 his 



jive:-.! bvthei,reside.t<,fthe U:^;;^^';^',^';:!^';^ ^f ^"^ "- 
^ ^||.e .he dcu.ueuu l.i: before cons,v„, .„, the lo.J, J„„e, 



... /l .L......,r.i, to comittence oaenaivft operations,^, 

he v/as especially toid, that " he must not cun- 
^l^sjder himself authorised to pledge rlic goverii- 
^PPrment to the inhabitai>ts of Canada, fuitlier thaii| 
'assurances of protection in their persons, proper- 
[ty^and rights." And on the ensuing 1st of An- 
(gust, it was emphatically declaied to him, " that 
jit had become neces.^ary, that he should not lose 
sight of the instructions of the 24th of June, as 
[any pledge beyond that, Avas incompatible with 
the views o." the government."* .Such was the 
nature of the chasge of American ambition and 
aggrandi/.Kment, and such the evidence to sup- 
port it. 

The prince regent has, however, endeavored to 
add to tho.-;c unfounded accusations, a stigma, atl 
wiiich the pride of the American government re- 
volt.4. L,istoning tojtbejfabiications of Jiritish emis- 
saries ; gatiierin^ 'scandals from tl»e abuses of a 
free press; and misled, perhaps, by the asperi- 
ties of a party spirit, common to all iVee govern- 
ments ; he affects to trace the origin of the war 
to " a marked partiality, in palliating and assist- 
ing the aggressive tyranny of France ;" and " to 
the prevalence of such councils, as associated the 
United States, in nolicy with the government of 
that nation. "t The conduct of the American 
government is now open to every scrutiny; and 
its vindication is inseparable from a knowledge 
of the facts. All the world must be sensible, in- 
deed, tliat neither in tlie genera! policy of the 
late ruler of France, nor in his pariicular treat- 
ment of the United States, cuuld there exist any 
poliiical, or rational foundation, for the sympa- 
thies and ass'tciationa, overt or clandestine, 
wliich have been rudely and unfairly suggested. 
It is eoualiv obvious, that notiiing slnn-t of the 
aggressive t\ rannv, exercised by Great Britain 
towards the United States, could liave counter- 
acted and controlled, those tendencies to peace | 
and amity, which derived their impulse, fiom na- 
tural an<l social causes; combining the atVections 
and interests of the two natiotn. The American 
government, faithfal to that princip»l^ of |jubiic 
law, whicli acknowledges the autb.ority of :ili| 
goverinnents established de facto ; and conform- 
ing its practice, in this respect, to the example 
of Kurope ; has never contested ft.t /alidity of 
the governuients successively cs(al)!i.-.hed in 



> 



Tiiuice; nor rt'fi:iiiie«l frDiii tlin't i -c; 

with cither (»!' them, wliith the just imci' -'- of 
the United States rf(|iiiie<l. jjut thfc liritibh 
Ciil)iriet isJ ch;illenn;e(l tii piodiHc, fn,i„ fl^. ,.£. 
cusses of its secret, or of its pnhlic, archives a 
sjrij^li; iiist;incc ol unwortliv conccs.'-ions, iir of 
jpoliiical alliance and coinliination, throuiriiouf 
the intercoiisc of the I'nited t'tafes, with the re- 
j voliitioMJiiy rulers of France. Was it t!ie inlln- 
ence of French councils, that induced t'tm Aine- 
Incun jrovernMient t:> resist the pretensions of 
France, in 17i)3, and to cncoinrter her hostilities 
in ir08.» that led to the ratifioalion of the Bri- 
tish treaty in 179.5; to the British ne^ooiation in 
180.7,,'uul to the convention with tl;e British nii- 
lUister in 1809? that dictated t!ie impartial over- 
itures, whicli were made toGreat Britain, as well, 
|as to France, durin-^- the whole period of the re- 
strictive system? that produced- the detcrmina- 
tion to avoid makiiiii; any treatv, even a treaty of 
commerce, with Fiance,"' until'tne outraj^o of'the 
Uambouillet decree was repaired ?^ tliat sanc- 
tioned the repeated and ur-ont eflbrts of the 
jAmcricati government, to put'an end to the war. 
[almost as soon as it was declared? or that, fi- 
nally, prompted the explicit communication, 
which, in pursuance of instructions, was made ov: 
the American minister, at St. Petersbiin"-h, to 
the court of RuS'^ia, statincv, <' that the prinr.ina! 
subjects of discussion, whicli had Jon- heea sub- 
sistin;r betw-en the United States and France,: 
remained unscitled ; that there was no iinmedi-i 
|a«o prospect, that there would be a satisfactory 
I settlement oftiiem ; but that, whatever the event, 
m that respect, might he, it was not the intention 
of the government of (he United States, to enter 
into any more intimate connexions with France ; 
tliat the go^crn^lent of the United States did not 
anticipate any event whateAer, that coidd* pro- 
duce that eilect ; and li'.at the American ininis- 
ter was the more iiappy to find himself autho- 
rized by his governmeiit to avow this intention. 
as di'Terent representations of their views had 
I been widely circulated, as well in Kurope, as in 
*|,America."i| But, while everv act of the Ame- 
tic^n government thus talsities the clsar're of.? 



* Sec the letter from the secretary of ilie wai- dep.irlment, 
to l)rig. gen. Hull, dated tlie 24th of June, and tlie ist ot Auc 
ISl'i. "^ 

t See lUeBntish declaration, cfthe lO'.h of Janiiary, isi,3. 

i bee the instnintionsfrom the secretary of state to tlie Aai'"- 
rican minister at Paris, dated the 29th May, 1S13. 

II See Mr. Monroe's 1. tier to .Air. Adams, dated the 1st of 
July, 1812; and Mr. Adams' ieller tu Mr. Monroe, da*ed the 
rtliof Dccemb-r, 181i, ' , 



subseivieitcy to the policy of Fiance, it may bej 
justly retMaVktfd, that of all the •!;oveniment<, 
uiaiiitainiug anecessaiy relition aiM intercourse 
wrth that nation, from the commencemeiit, to l!ie 
recent terniination, of the revoUitionui-y estab- 
lishments, it ha.« happened, that the government' 
of the United Siatei has least exhibited marks of 
condescension and concession to ti»c successive 
rulers. It is for Great Britain, more particular- ^ 
ly, a-s an accuser, lo exa^nine and explain thej 
consistency of the reproaches, Vv-hich she has ut-' 
tered against tlie United States, witii the course 
of her own conduct; with her repeated negoci- 
aiions, during the republican, as well as during, 
the imperial, j^vvay of France : with her soliciiudej 
to make and to propose treaties : with her inter- 
change of commercial benefits, so irreconcilable 
to a state of war; with the almost triumphant 
entry of a Fi-e!ic!i ambassador into lier capital, 
amidst the acclamations of the populace; and 
with the prosecution, instituted, by the orders of 
the king of Great Britain himself, in the highest 
court of criminal jurisdiction in his kingdom, to 
p:inish the ])rinier of a gazette, for publisliing a 
libel on tlie conduct and character of tlie late 
ruler of France ! Whatever may be the source of 
these symptoms, how-ever they may indicate a 
subservient policy, such symptoms have never 
occurred in the United States, througliout the 
imperial government of France. 

The conduct of the United States, from tlie 
moment of i'eclaring the war, will serve, as 
well as their previous conduct, to rescue them 
i'yom the unjust 'reproaches of Great Britain. 
VS'hen war was dec'aVcd, the orders in council 
had been maintained, with inexorable liostility, 
until atiiousand American vessels with their car- 
goes had been seized and confi'^cated, under 
tlieir operation ; the British minister at AVasli- 
lington had, with peculiar solemnity, announced 
that the orders would not be repealed, but upon 
conditions, which the Americin government iiad 
not the right, nor the power, to fulfil; and the 
European war, which had raged, with little in- 
termission for twenty years, tlireatened an inde- 
finite continuance. Under these circumstances, 
la repeal of the orders, and a cessation of tiie 



I 



1 



injuries, wViicli ()i«'y proilocoil, were C'\^ . 
\(Mi(l all raiiomil anticipation. It appears, liow- 
(ivcr, that till' oidiMS, n sdor tli»' influence of a 
parliainenfaiy iiuiniry into tlwir edi-cts u^ioti the 
cradi; aiul uianur.ictiMes of Great I^rituiu, were 
provisionally repealed on tiic 23d of June, 18li?, 
a few days s-jbse<|ueiit to the'Aincrican declara- 
tion of war. If t!.is repeal !iad LecH made 
knov\u to the United states, before their report 
to arms, tla- rep«'al would have arrested it; and 
that cause of war hein;; removed, the other es'sen 
tial cause, the practice of impressment, would 
have been the siibject of renewed neji;ociation, 
under the auspicious influence of a partial, yet 
important act of reconciliation. l»ut the decla 
ration of war, having aniiouncetl the practice 
of iuiprcssim>Ht, as a princip:il cause, peace 
could only be the result ot an cxprcis aOandun- 
ment of the practice ; of a suspension of the 
practice, for the purposes of ncgociation ; or of 
a cessation of actual sufferance, in conse(|uence 
of a pacification in I'urope, which would deprive 
Great Britain of every motive for continuing: 
the practice. 

Ilence, when eany intimritions were given, 
from Halifax and Uw\ Canada, of a disposition, 
on the jSartof the bcal am'''»rities to enter into 
an armistice, the power of i lose authorities was 
so doubtful, the objects of the armistice were so 
limited, and the inmeuiate advantages of the 
measure were so entirely on the side of the. 
enemv, tiiat the American jiovernment "could 



not, coiisistcntlv \ 
propositions.* liv 
bic adiustmcnt wa:- 



ith its duty, embrace tlie 
f^ome hope 'of an a.nica- 
juiuiiciiL via- iaspiied, wheii a comniu- 
nicatiou was recei'en f"o;!i a imiral Warren, 
in Se[)tember, l81;2,!Lating that I.c was comniand- 
ed by hi;! irovemmtnt. t) piopo.-e, on the one 
hand •• that the ^ovtrninent of tiie United Slates 
should, insfantly. recall their letters of marque 
and reprisal a^jaii'st Britisii ships, to:^ei'ier with 
all orders and instiuctions tor any acts of ho-.tili- 
ty whatever against t\v2 te:ritorrie5 uf his majesty, 
|orT;he persons or property of his subjects ;" and 
to promise, on the otlier hand, if the American 
government acquiesced in the jirocediiig; propo- 
sition, tlut instiuctinns should be issued to the 
British squaclruns, to discontinue hostilities 
aiiiainst the Uc.ited States and their citizens. — 



* See tlie leUeis from tlit- depart mi'nl olsiuli; 10 l\4r. Uoss II, 
dated tlic 'Jth and lOili August, 181w>, ami Mr. Crali.im's me 
moi-hndura of :i con^cisation wiiirAfr. Haker, llieDntisii ae- 
orelarv of leg;itiou, enclosed in t'le last IrUwr. S^e, :d-;(i, Mr. 
MfHnof's letter to Mr. Uussett, t'ated the 21 st ot Aiig^l^81-2 . 



fnis oveitu;p,h!iwevftr, was subject to a further j 
. jquarification, " that should Vac American go- 1 
■^ vernmeut iccede to the proposal for termi- 
nating; hostilities, the Briiih ailiivral was au-i 
tthoii/lMl to arrange with the American govern- 
ment, as to the revocation of the laws, wiiich 
interilict ih'i commsrcc an;! ships of war of Great 
liritain from the Iiarbors and waters of the Uni- 
ted States; but that in default of such revoca- 
tion witiiin tliu reasonable period to be agreed 
upon, the orders in council wo'Ud be reviveil.-'t 
The American government, at once, expressed a 
fUsposition to embrace the general proposition 
tor a cessation of hostilities, with a view to ne- 
gociation ; declared that no peace could be du- 
rable, unless the essentia! object of impressment 
was adjusted : and olf'cred, as the basis of the 
.adjustment, to prohibit tha employment of Britisli 
I subjects in the naval or commercial service oi the 
' United States ; bat ailhering to its determination 
of obtaining a relief fronj actual sufterance, the 
suspension of the practice of impressment pend- 
ing the pro])osed armistice, was deemed a neces- 
sary consequence ; for" it could not be presum- 
ed, wldle the ])ar(ies were engaged in a negocia- 
tion to aeljust anjicably this important dilforence, 
that the United vStates would admit the right, or 
acc|ulesce in the practicy, of the oj)posite i)arty ? 
or that Gieat Ci-itaiii won I J be uuwiliiiig to res- 
train her crui/.ers frcnn a practice, which would 
have the strongest eSect to defeat the negocia- 
tion."! So jrtst, so reasonal)le, so indispensa- 
ble, a preliuiinary, without v/liich the citizens of 
the United States, navigating the high seas, would 
not be placed, by the armistice, on an eijual 
footing with the subjects of Great Britain, admi- 
ral Warren was not authorized '(a accept; and 
the etlort at aii amicable adjustment, through 
that c'iannel,was necessarily abortive. 

But long before the overtuie of the British 
admiral was made, (a few days, indeed, after the 
declaiation of wai,) the relucfaiice with whicii 
the Unitetl States hadjresorted to arms, was mani- 
fested hy t'i\e steps taken to arrest the progress 



of hostilities, and to hasten a i eiiti»ratiun oi 
peacf. On the JJGfN <W June, ISli>, the Atne- 
rican ciiaijre d'adiiiies, at f,(>ii.l(in wru insfrurtcil 
to make the prnposa ofaii annistice to the British 
govoininent, v.liich iiii;,^!itl»'aci to ad a(lja,ti/»eiit of 
all (lidercnces. on the sip.trlc coriditiori, m the 
event of the oriler.s in coiiiicil bei;;;, repealed, Owt 
instructions s!i'»al(l ho issued. suapendiiiT; tiio 
practice of iinpreKsnieiit diiriii;^ the armistice. — 
rhis])rop')sal was soon followi^d jjv an«tljer, ad- 
mitting!;, insti^ad of positive instrucii'ons, an' infor- 
mal understanding between tiic two governments 
on the subject. II JJut both <»f these proposals 
were uohappily rejected. 5 Andswi.en a third, 
which seemed to leave no plea for iiesita^ion, a* 
it required no oilier preliminary, than t!iat the 
American minister at London, should find in tiie 
Brifis.'i ;^;)vermnent, a sincere dispositicm to ac- 
commodate the dirierence', relative to impress- 
ment, on fair conditions, was evadecl, it was 
ol)vious. that neither a desire of peace, nor a 
spirit of conciliation, inflnenced tiie councils of 
Great Britain. . 

Under these circumstances the Americaa "-o- 
vernment had no clioice, but to invi2:iiiate the 
war; and yet it has never lost sight. of the ob- 
ject of all just wars, a ju>t peace. The e:uperor 
of ^Russia iiaving oiVered his niediation to accom- 
plish that object, it was instantly and coriliallv 
accepted by the American gyvern:nent;*f bat it 
was perc'.uptorily rejected by tlie iJritisli govern- 
ment. The emperor, in iiis benevolence, re- 
peated his invitation : the British government 
again rejected it. At last, l.owever, Great Bri- 
tain, sensible of the reproach, to which such con- 
duct would expose her throughout Kurope, otter- 
ed to the American government a direct negocia- 
tion for peace, and fio nlior was promptly 
embraced ; with perfect confidence, that tlie Bri- 
tish government would be e(jually prompt in 
giving eKect to its own pioposal. But such was 
not tlie design or the ctiirse of tl.at j:;overnment. 
The American envoys were immediatrdv appoint- 
ed, and arrived at 0»ttenburgh, the destined 



-\ Sjc the lett^i" of a'lmiral Wai-it-n, to liie secrttaiy ol 
' stale, tlated atHallfiix tl-e 20th of Seiiteinb -r, IH12. 

r See thelette!- of Mr. Monroe, lo luliuirat Waixt-n, datod 
the 27th of October, 1812. 

II See thp letters ftoiu the secretary of stat'j to Mr. Russcli, 
dated theSGlhof Jiiae aml27tii of .lulv, 1812. 

§ See the correspmidencc between Mr. Russell and lord 
Gasilci-eagh, dated August and Septeruucr, I8i2; and Mi-. 
Hussell's letters to tlie secretary of state, dated Sejjt. 1S12. 

^ See the coiTespondence betwefu I\Ir. Mj-jvoe aad Mr. 
D.ischkoffjin March, 1813. 



scone of ncj^Gciation, on tlie llih df Apnl, iSl-i. 
as soon as the season ad mil toil. The liiltish p;o- 
vernujen-b" ^i»<ju£jh res;iilarlj informed, that no 
time \«' V lovt on the part of the Unit ed 

States. $»w.^»^.<:fed the appointment of its envoys, 
until tlic actUiil arrival of the American eirvo^s 
should he f«M-inally communicated. This pre- 
tension, however hovel and in:rispic:ous, was not 
permitted to obsti-iict the path to peace. The 
British sjoverameiit nc^t proposed to transfer the 
negociation from Gotteubur^^li to Ghent. This 
chanjre, also, notwitiistuading the necessary de- 
lav, was allowed. The American envoys arriv- 
ing at Ghent on the 2-ith of .Tune, remained in a 
niortifying state of suspense and expectation for 
the arrival of tlie Brit'sh envoys, until the Gth ot 
August. And from the period of opening the 
negociations. to tlie date of the In^t despatrlj of 
th.e 31st of October, it has heen seen that the 
whole of t'le diplomatic skill of the liritish go- 
vernment, has consisted in consuming time, with- 
out approaching any conclusion. The pacificati- 
'in of Paris had suddenly and unexpectedly placed 
at the disposal of the Britisli government a great 
naval and miiitaiy force; the pride and passions 
of the nation were artfully excited against the U. 
Stales; and a war of desperate a^id barbarous 
cliaract<M- was plaiiued, at the very moment that 
t!)e Ameri an government, finding its maritime 
citizens relieved, by t)ie course of events, from 
actual suft'erance, under t:ie practice of impress- 
ment, had authorised its envoys to waive those 
stipulations upofi the subject, which inight other- 
Avise have been indispensable precautio-is. 

Hitherto i\\c American government has shewn 
the justice of its cause; its respect for the rights 
of otlier nations: and its inh.erent love of peace. 
But the scenes oif war will also eshibil a striking 
contrast, between the conduct of the U. States, 
and t!ie conduct of G. Britain. The same in n- 
dioi!5 policy which tauglit the ])rince regent to 
(It^cribe the American government as the aggres- 
sor in the \vai-. Itas induced tht: British govern- 
ment (cloudinrr tlie (hiYHght truth of the trans- 
action) to call t!ie atrocities of the Briti'-!\ licet.- 
and armies, a retaliation upon the example of tlic 
American troops in (^aiiada. The h. States 



itenSor a solomii appeal to the civilir.«tl w# 
against thg fabriratioD of such ac'ive* ^ 
tli«y vouch, in support of flicir aT.rK-al, tU^ kn(iS* 
inordU, habits, and pnisuitKof ti.oir poopl,. ; the" 
chYarter of their civil and political institutions; 
and the wa)It. car.'t^r ofthcir navy and IIrmp army, 
as hunianf. a^ It is brave, ly.n what pretext 
(iKl tlK* IJritisI) atlmira!, on (he 18th of Au^^«^t, 
1814, announce his determination, «• to destroy 
and lay vvaste sucii touns and <listriots upon the 
coast as r.if^r!it be found assailable ?''• It was 
the pretext of a refpicst from the ;ri)vcrnor ;;ene- 
ji-al of (!io Canadas, for aid to carry ii-.to elfect 
measures of retaliation ; while, in fac(, thebarba- 
rousnatureoftlie war hafi been (ieliberatelvsettled 
and prescriKod bv the British cabinet. NS'liat could 
have been the frjindation of such a request.' The 
ojtrages, and the irreguliirities, wliicfi t»o often 
occur during z state of national hostilities, in 
violation of the laws of civilized warfare, are al- 
ways to be lamented, disavowed, anl repaired, 
by a just and honorable government; but if dis- 
avowal be made, and if reparation be oflered. 
therr? is nu foundation for retaliatorv violence. 
" Whatever unauthorized irreu;ularitv mav have 
been committed by any of the troops"of the Uni 
ted States, the American <;overnmcnt has been 
ready, upon principles of sacred and eternal 
obligation, to disavow, and as far as it iniirht be 
practicable, to rcpair.'-f In every kiunrn Jo. 
stance (and they are i'aw) the oftbnders have been 
subjected to the regular investigation of a nulitary 
tribunal ; and an ofiicer, commanding a party oY 
stragglers, who were guilty of unwort'iy excess- 
es, was immediately ilismissed. without'the form 
of a trial, for not preventinsj those excesses. The 
flcstruction of the village of Newark, a(4i>ceDt to 
Fort George, on the lOtli of Docem!)er, 1813, was 
longsubse((uent to the pillau;e and coiiHagration 
committed on the shores of the Chesapeake, 
throughout tl)e summer of the same vear; and 
might fairly have been alleged as a iVtaliation j 
for those outrages ; but, m fact, it was justified i 
by taa American commander, who ordered it, on! 
the ground, that it became necessary to the mili-l 



• See admiral Cochra.nc's letter to Mr. Moni-oc, dated tlie 
l^Sthot August, 1814; and Mv. M.mroe's answer ol' the OUi 
ot'"teinbtr, 1814. 

t See ihL- leiter from the sccretiirv .it war to brigadier gene. 
ra! AJ'Lurc-, dated «Up 4tli of Octdhcr, 181.5. 



J 






jtary operations at that placed while the Ame- 
rican goveriiineiit, as soon as it hca'd of (he act, 
ow t!;c. fttli olMaiinan-, ISi-I, iiisti-iictepl the gene- 
ral commaniling the northern army, '• to (^ii^av(J^v 
the c(»n'liic(. oi'the officer who coininifted it, and 
to transmit to governor Prevost, a copy of the or- 
der, under color of which that officer had act- 
ed.' II This disavowal was accordingly to'.nmiini- 
cated ; and on the lOthof Febnia'y. 1814, go- 
vernor Pre\ost answered, " that it I'.ad been with 
great satisfaction, he had received tiie assurance. 

j of Newark, was both unauthorisvid byth&Ameri- 
[can governmeiu, and abhorrent to every Aineri- 
j can feeling: that if any outrages had ensued the 
I wanton and imjustifiable destruction c.f Newark, 
passioii' the hounds ofjust retaliation, they were to 
be attributed to the influence of irritated pas- 
sions, on the part of the unjortunate sufferers by 
that event, which, in a stiite of active warfare, 
it has not been possihi;- altogether to restrain: 
and that it was as little congenial to the dispo;;i- 
tion of his majesty's government, as it wa« to 
that of the government of the United States, 
deliberately to adopt any plan of policy, which 
had for its object the devastation of private pro- 
perty. §" But the disavowal of the American gov- 
ernment was not the only expiation of the oflence 
committed by its ofiicer ; for the British govern- 
ment assu-ned the province of redress in the in- 
dulgence of its own vengeance. A few days after 
the buiiiiiig of Newark, the British and Indian 
troops crossed the Niagara, for this purpose ; 
they surpri/.ed and seized Fort Niagara, and put 
its garrison to the sword : the? burnt tlie villages 
of Lewistoun, Mancliester, Tuscarora, Butlalo, 
and Black Hock ; slaughtering and abusing the 
unarmed inhabitants; until, in short, they had 
laid waste the vvhole of the Niagara frontier, le- 
velling every house and every hut, and dispersing, 
I^beyond the means of shelter, in the extremity of 
le winter, the male and tlie female, the old and 
the young. Sir George Prevost himself appears 
to liave been sated with the ruin, and the havoc, 
which had been thus inflicted. In his proclama- 
tion of the IStli of January, 1814, he emphat'cal- 
Iv declared, that for the burning of Newark, 



^itien M*Lui-e's .u|.cers to the sccreiary of war, dated Dec. 
lOaiul 13, ISl.J. 

II See tUe letter from the secretary at whi- to lunjor general 
Wilkinson, ilutfil the '26tli of J-.iuunn-, 1S14. 

§ See the Icltt.-r »>( m-jor gciici;il Wilkinson to sir George 
Prcvosl.daled the 'iSih of J:uiu:iry, IS! i, aixl the answer of 
iir Giiorge Frcvost, on the luih of i'eLruar)-, 181 i, I 



l" the oppoitunilj ol puni,'.: 
and a Tiill mfiastire ul" riji;!!sh ... !,j,| •,.|^,.^ 
place;" and " that it \^a^ not !.is intention' to 
pursue further a nyitcm of warlaicso n-voltiiig 
to liis own rcelinq,s, and so liitle coiii^onial to the 
liriti^h cliaractcr, unless the future measures of 
ihe enemy should c«nipei liim a-ain to resort to 
it.'** Nay, V. ith his answer to the American ^ 
goneral, already monlioned, he transmitted « a 
copy of that proclamation, as expressive of the 
determination, a.s to his future line of con- 
duct;" and added, '' that he was happy to 
learn, thatthere was no prohahilitv, that any mea- 
sures on the part of tlic Anierican govern- 
ment would oblio;e him to depait froniit."t 

Where, then, shall v,e search for the foundation 
ot tl*e call upon t^e British admiral, to aid the 
govpii-nor of Canada in measures of retnliation *•'* 
Great ilritain forgot tu^ ^..-wicipl*. of «"taliation'/ 1 
when her order* in council were issued ao-amst 
the unoliending neutral, in resentment of outra- 
ges conimitted hy her enemy ; and surely, sho 
had again forgotten the same principle, when she 
threatened an unceasing violation of ti)e laws of 
civilized v.arfare,in retaliation for injuries which 
never existed, or which t':ie American government 
had explicitly disavowed, or wliich had heen al- 
ready avenged hy herowuariu*, in a manner and • 
a degree, cruel and unparalleled. The Ameri- 
can government, after all, has not hesitated to 
clare. that " ibr the rcpaiation of injuries, of ,• 
whatever nature thoy may be, not sanctioned bv 
tlic law of nations, wiiich the military or naval 
force of either power might ha\e committed 
a ainst tlic other, it would always be reailv to 
enter into reciprocal arranjiements ; prcsuwung 
that tlic British government would neither ex- 
pect, nor pronose, any which were not rccipro- 
cal."t 

(TO BK. fnir;>'crn.^ 



Si-t sir Cic'-'i :;« I'n>"Si'i ,^1 ) l.i.naUDD, <l:ilcd ai lii-.-Utc 
the l'2tli 'f .lann.Mrv, ISll ^ ' 

j-Sh.; (he let(ei-i F sii-r;,"Oi;^e I'rcvost to CflDfraMVilk i.son, 
'Uitit ihe Oth o'l'lVbriia:-)', 181-i-; am! liis linii^lt genera^or- 
(Itrs, of ihe 2'2(l of Pelirusiy, 1814. *' 

t .See .Mr. M. iiim's letter to a.lmir.tl Cocbrane, «htc(l the 
full of .:<.l-lei-.iljLi', 1814. 



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